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the neutral zone
vol.5 issue 4 6.05
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Content
News and
Updates Message from the
Interim ED
Strategic Planning Teams Welcome to Jen! Legal
Language
TVMA News Mediation Tools Our Mediation
Community |
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News and Updates:
New time!!!
CMC Board Meeting: Thursday, June 16, 12-1, Court Top Cafe,
Main Street, Downtown Knoxville. The Board has decided to
try mid-day meetings through the summer to see if more folks can attend.
Lunch is dutch-treat. The cafe is in the federal courthouse
downtown on Main & Walnut. The door to enter the restaurant is
also the entrance to the US Attorneys Office, so be prepared to go
through security.
CMC
Executive Board Meeting, May 18, 12-2pm, Pioneer Bldg. on Magnolia
Avenue.
TVMA Dates: June 21,
7-8pm, w/social time 6:30-7pm, 6th Floor Candy Factory. Panel
discussion will feature the electic and interesting TVMA Board.
Knoxville Bar Association dates: ADR Section Ethics of ADR Date: Monday, September
12, 2005 Time: 5:30 - 6:30 p.m. Speaker: Howard H. Vogel, O'Neil,
Parker & Williamson Location: Anderson, Reeves & Herbert, P.A. - 2607
Kingston Pike, Suite 130 (Tyson Place) The program has been approved
for one hour of Ethics CLE credit. (We'll check on whether it will count
as one hour of CME as well.)
Upcoming
conferences & celebrations: VOMA National conference in Philadelphia,
Oct. 24-28 ACR's National conference in Minneapolis, Sept. 28-Oct.
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Mediation Book Recommendations: The Promise of Mediation :
The Transformative Approach to Conflict, by Robert Baruch Bush and Joseph Folger, published 2004 by
Jossey-Bass Publishers, 304 pp. Also available as an e-book Adobe
download.
Mediation Links: Mediators always need perspective!
Power of Ten gives you
just that.
Remember, June 21 at 2:46 AM is Summer Summer Solstice or
Midsummer's Night, when everything you dream comes true! And do
yourself a favor---go see the synchronized fireflies at Elkmont...
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Message from Jackie Kittrell, Interim ED
I wanted everyone to know that I've been
appointed by the Board as the Interim Executive Director, and am still
sane! And what's more, I want to engage volunteers---our most
precious asset---along with our board and our staff, in developing a
plan to move the organization forward. Ten years old, CMC has made it
through its childhood---its here to stay! In its next phase of
development---adolescence?---it needs to be guided toward realizing its
potential. Because CMC has become integral to the administration
of justice in several of the Knox County courts, it is all the more
important that we maintain and expand our vision.
In late April, CMC began the process of
strategic planning, under the Board's leadership and the individual
stewardship of Jim Johnson, Executive Board member and long-time
volunteer mediator. Much of how we will plan our forward movement
will come from our "teams". I encourage all of you to consider
joining a team and helping with this important task.
As the Interim ED, I would like to have
discussions with our mediation community to generate ideas and
actions...Some ideas to begin the discussion:
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We need to show appreciation to our
Volunteer Mediators in many ways, including developing regular refresher
training programs about topics of wide interest, institute mentoring by
staff and veteran volunteers for the new volunteers, planning and
holding social & discussion gatherings for Volunteers.
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Along those lines, we need to seek out the
opinions and input from our Volunteers so as to better schedule and
communicate about what we do---mediation!
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We need to ask for donations from individuals and
organizations who support our work, and be able to tell them how much
VALUE we add to work which would otherwise supported only by tax
dollars. Can you imagine how many more hours would be
spent on a given case if CMC mediation services were not available?
Scary!
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We need to strengthen our ties with our
community: Tennessee Valley Mediation Association, Community
mediation centers around the state and region, and our new fundraising
partner, Community Shares, and its member groups.
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We need to reconnect with some of our
allies in the mediation world: the Knoxville Bar Association,
Legal Aid of East Tennessee, the U.T. College of Law. Did I
mention, I'm an attorney? I would like to bring these connections
to CMC so that our co-mediation model can positively influence our
community, and so we can gain valuable insight from those: whose
practice of law includes both mediating and participating as an advocate
in the mediation process; who teach mediation every day; and who value
the delivery of services to the "legally underserved".
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We need to continue our participation in
various local and state-wide alliances to support mediation and all it
stands for: the AOC Pro Se Litigation Workgroup; the Tennessee
Coalition of Community Mediation; the Community Coalition on Family
Violence's Family Justice Center; the Triage Team; and others.
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We need to explore how to partner with
various university researchers to undertake analysis of mediation and
its effect on family conflict outcomes, including married and unmarried
family mediation, to result in published studies.
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We need to increase the profile of our
excellent roster of CMC-listed Rule 31 mediators with the local bench
and bar, including introducing and promoting our non-attorney Rule 31
mediators .
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In partnership with TVMA and KBA, we need
to develop interesting, inexpensive, and accessible CLEs and CMEs for
those with professional requirements. In June, I presented a CLE/CME
on juvenile court mediation and our co-mediation model to the ADR
section of KBA. Thanks to Marsha Hupfl and Sarah Krivenki for assisting
in the role playing and insightful explanation of co-mediation.
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We need to improve our delivery of
mediation and community services to our grantors and clients, and come
up with new ideas to try to better serve those who need mediation.
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We need to develop an interactive website
with pages targeting our constituancy: the courts, volunteer
mediators, rule 31 mediators, peer mediators, members of the public
interested in mediation.
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We need to develop a "cross-over" training
both for those volunteer mediators trained by CMC who would be qualified
and interested in acquiring Rule 31 training, and for those Rule 31
mediators who would like to train in co-mediation and volunteer for
CMC.
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We need to keep our peer mediation program
alive and kicking in the public middle and high schools, expand the
program to private schools who can pay a fee for training, and continue
to expand the peer mediation agenda to upper elementary schools.
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We need to work on expanding the CMC
volunteer model to surrounding counties in need of a community base of
support for court-referred and other mediations.
There are so many more
ideas---and I'm sure each of you can think of even more. Please
don't hesitate to send in your thoughts and action plans, and please
consider joining us on a strategic planning team to flesh our ideas out
and put them into action! Taking personal responsibility for
making CMC the best it can possibly be is more important now than ever
before...Contact me at jkittrell@2mediate.org or Jim Johnson at advantagespeakers@comcast.net
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Strategic Planning Teams Scheduled to Meet--- Please
Consider Joining a CMC Team as a part of your volunteer work!
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Board Development: Thursday, June 16, 1pm-2pm at the
Court-Top Cafe (after the Board meeting)
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Program
Development: Monday, June 20, 3:30pm-5:30pm, Juvenile Annex
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Marketing: Wednesday, June 22, 5:30pm-7:30pm. Juvenile
Annex
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Organizational Effectiveness: Monday, June 27,
5:30pm-7:30pm, Juvenile Annex
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Budget & Resources: Tuesday, June 28, 5:30pm-7:30pm,
Juvenile Annex |
Welcome to our new employee:
Welcome to our new CMC worker, Jen Cominsky!
She will be working part time this summer out of our Juvenile Annex
offices, and may be working some hours during her last year in law
school, if her schedule allows. She will be doing all the intake
at Juvenile Court, and with Sharon, doing the scheduling for all
juvenile mediations.
Originally from Knox County, she's a rising 3rd year law student at
UT College of Law who was trained as a CMC mediator in our Spring 2005,
class. She did her undergraduate work at Hendrix College in
Arkansas, majoring in political science with a minor in Spanish, and has
traveled extensively in Peru to learn more about third-world countries'
economic, political, and social needs. Jen met her husband, Clayton
Leasure, while in Arkansas, and brought him home to East Tennessee when
she started law school! She also works part-time at Catholic
Charities' Parent Place and volunteers with their Justice, Peace,
Integrity of Creation group, working on the newsletter and in the
library. Please stop by and say hello the next time you're at Juvenile
Court.
Never doubt that a small group of thoughtful
citizens can change the world; indeed, it is the only thing that
ever has. - Margaret Mead
If you tremble indignation at every
injustice then you are a comrade of mine. - Ernesto Che Guevara
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Our new staff email addresses:
Jackie Kittrell: jkittrell@2mediate.org Sharon Upshaw: supshaw@2mediate.org Sarah Krivenki: skrivenki@2mediate.org Lesley Rohrer: lrohrer@2mediate.org Cathy Sellers: csellers@2mediate.org Jen Cominsky: jcominsky@2mediate.org |
Legal Language
By
Don K. Ferguson (CMC volunteer mediator in Knox County General
Sessions Court and author of the "Grammar Gremlins" column that appears
in The Knoxville News-Sentinel every Sunday.)
A Star Chamber proceeding
In today's
language, it means an unfair judicial proceeding in which the outcome is
predetermined. The term
derives
from a former court of inquisitorial and criminal jurisdiction in England
that sat without a jury and that became noted for its arbitrary methods
and severe punishments. It was abolished in 1641.
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TVMA News
The May TVMA meeting was a real
blockbuster.
Two judges and a Juvenile Court Referee
delighted the audience with interesting presentations and interactions
of their personal experiences on the bench. Most important of all was
the uneqivocal and indispensable role of mediation to the court system.
All three agreed upon this point. Judge Cerny sited the growing number
of Pro Se cases (individuals representing themselves) in the courts. He
noted, somewhat tongue-in-cheek, that he is glad people are suing each
other more now than ever before. The humor belied his concern over the
violence in our society, but at least the fact that people are suing one
another rather than choosing violence is a good thing. The problem with
Pro Se cases is that they take much longer than cases where lawyers
represent the individuals. The Pro Se cases are the ones designated for
mediation before coming before the court. The Judges’
support of this process of assigning these cases to mediation
accomplishes two things:
1) the people, who are often in a very tense
and antagonistic mode of behavior, tend to go through the mediation
process and are able to come back into the courtroom with a new calmer
demeanor;
2) because of this change of demeanor, the
cases move more quickly, often because they have an agreement that was
reached through the empowering process of mediation. The parties
feel that their own abilities have been acknowledged, and that at least
they have been heard by someone. According to all the
presenters, this empowerment and the mediation process itself, seems to
begin a healing process between the individuals, which is especially
important to people who have ongoing relationships.
All the Judges were very supportive of what
we do. They recognized that mediation plays an increasingly
important role in reducing the ever-increasing case load of all the
courts. And they all offered their assistance in helping us
mediators overcome any difficulties we face in pursuing our mediations.
Coming up in June:
On June 21, TVMA will meet at 6:30 p.m. at the Candy Factory, 6th
floor meeting room. The TVMA Board will present the program
and conduct a planning session for upcoming programs. Come and
join us and provide some input to help us schedule another exciting year
of programs.
- by Judy Toole, TVMA Treasurer (and CMC
volunteer mediator)
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Mediation Tools:
Go to the AOC
(Administrative Offices of the Court) website where you can download
versions of a "fill-inable" parenting plan form,
official and latest version. You can choose between Word
auto-fill in or just plain Word, Word Perfect or Adobe versions:
Wouldn't it be absolutely lovely
if CMC could outfit its 4 mediation rooms
with laptops or desktops loaded with these digitial
forms, along with a dependable printer and reams of paper?
WOW! Something for all of us to visualize and then articulate
to CMC's wonderful supporters.
Until
then, download it yourself for your own use... |
If any of our volunteers would like to produce and videotape
a weekly show about mediation issues, please contact CMC.
We have a once per month spot open with Community Television CTV to film
4 segments. For the time being, we will be showing re-runs of the
show, "Our Mediation Community", Mondays at
11:30am and Wednesdays at 9:00pm. The program
features guests who help to promote peace in our community. Please check
in every week on the CTV channel (Channel 12 on Comcast Cable or check
schedules week by week at: www.communityknox.org/CTV_daily.htm
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