the neutral zone


vol.6 issue 4
4.06

 

   

Content
News and Updates

News from the Front
     Introductions & Welcome
     to new Board members and
     new Volunteer mediators!

CMC Blogs

Legal Language

Mediation Toolbox

 

 

 

Quid Novi?
News and Updates:

DR. KEN CLOKE DVD SOON!  If all goes according to plan, CMC and TVMA soon will have access to a DVD of  Dr. Ken Cloke's Knoxville presentation based on his new book (tentatively titled, "At the Crossroads of Conflict: Into the Heart of Conflict).  We will be announcing ways for you to view it or buy it.  Dr. Cloke has generously allowed distribution.  For those of you who attended, you know what a special event this was---for those of you who couldn't make it, I will keep my fingers crossed that the recording is half as wonderful as the workshops were.

CMC Board Training, May 9, 2006, 6-9pm, at Lisa and Allan Carroll's home.  Terry Holley from East Tennessee Foundation will be conducting our training!

 TVMA News and Dates

TVMA Monthly Meeting, Tuesday, May 16, 2006, TVUUC.  TVMA will host a Juvenile Family Law Panel this month, with a Juvenile Court referee and GAL.   Refreshments and social time at 6:30pm, election and program meeting at 7pm.  At last month's meeting, our board and officers were elected.  Please consider joining a committee to assist the volunteer board in their work this year.

TVMA's new website is up and running and looking mah-velous, dahling!  Check it out at www.tnmediators.com Also check out the Calendar for 2006.

Knoxville Bar Association dates:
ADR Section:  Events will always be held at Butler, Vines & Babb, 2701 Kingston Pike, Knoxville, TN, on the NW corner of Kingston Pike and Concord, at 5:30-6:30pm on the first Monday of the month.  They each have been approved for 1 hr CME/CLE.  $20 for KBA members; $30 for nonmembers. ($5 extra the day of the event.)  Note the location change and the price increase, both of which begin in 2006.

Monday, June 8, "Biggest Mistakes in Mediation:  Do's and Don'ts of Representing Clients in Mediation," featuring Bruce Anderson of Anderson, Reeves & Herbert, and Elizabeth Meadows of Jones, Meadows  & Wall, June 8 at 5:30-6:30pm.

On UT Campus: Sexual abuse conference, Long-Term Health Effects of Childhood Sexual Abuse, 8:30-11:15 am Fri, May 19, Wood Auditorium, UT Medical Center. Speaker: Dr. W. Perry Dickinson, University of Colorado Health Sciences Center. Free CME/CEU for those who register by May 18. Presented by the UT Graduate School of Medicine Dept. of Family Medicine and the Patterson Domestic Violence and Child Abuse Education Gift Fund. For more info or to register call 974-0280.
http://www.tennessee.edu/cme/Patterson2006

Community Shares 6th Annual Circle of Change Awards Saturday, April 29.
Stay tuned for time and place!
The 2006 Honorees are:
Emily Jones, the Danny Mayfield Champion of Change
Sharon Redden, the Heart of Change
ORNL Community Shares Organizing Team, the Gardener of Change
Peggy Mathews, the Roots of Change

Fill out an online form to donate an item to the wonderful silent auction , contact them by email or phone them at 865-522-1604 in Knoxville or 615-726-2284 in Nashville.

Grand Opening of the Family Justice Center
Friday,
May 19, at 2 pm
at the FJC building on Harriet Tubman Avenue, off MLK and Summit Hill (next to Vine Middle School).

(CMC will be there with a table display of our services, so come and support the whole program!)
 


If you would like to make an announcement to our mailing list about something to do with mediation, please send it in by the first of the month to our emails (below).

Be sure to check out our new mediation friends in Nashville at Tennessee Association of Professional Mediators!  Check out their listings of Rule 31 mediators and their other helpful resources...
 

 

 

 

news from the front (office)

This month, I'd like you all to welcome our new board members and our new volunteers to our Mediation Community!

Ideal candidates for Board members of nonprofit organizations such as CMC need to possess certain traits.  (from "Doing Good Better" by Stoesz & Raber)
1. Compatibility with the organization's values and goals
2. Judgment:  Effective directors are capable of independent judgment while being open to influence and enriched by fellow directors.
3. Justice:  Effective board members are persistent in their pursuit of what is just and right. 
4. Teamwork:  The best directors are those who, while exercising independent judgment, function collectively.
5. Doers:  Board work involves hard work.  To talk about sitting on a board is an unfortunate misnomer.  Board service is not meant to be an honorary position, although it is honorable!
      The ideal is synergism, with the whole being greater than the sum of its parts.  Well-rounded boards include people of divergent backgrounds, operating in an atmosphere where each one is complemented by the others. 

Our new Board members are:

Wanda Donnelly, Esq. Wanda is a not so new transplant to Knoxville. She and her husband , Paul,  moved here in September 2004 from Champaign, Illinois to be closer to family.  They have a dog, Max, who will soon be eight years old. as well as a growing interest in the Smoky Mountains and hiking.  Wanda is a Legal Aid attorney and have worked there a little over a year and a half.  She's always been interested in mediation and decided to give it a try.   She's been mediating for CMC in Juvenile Court ever since her training in March 2005. 

Greg O'Connor, Esq.. J. Gregory O'Connor is a Knoxville native who graduated from the University of Tennessee in 1966 and from the College of Law in 1968.  He has been a private practitioner in Knoxville since 1971, a member of the firm of Carpenter, O'Connor, and Sterchi.  Greg became a Rule 31 civil mediator in 1997 and has been a very active civil mediator since that time.  He currently devotes the majority of his professional time to mediation practice.  Currently, he is the Chair of the O'Connor Senior Center Board of Advisors;  an active member of Immaculate Conception Catholic Church; and a Mentor at Beaumont Magnet School.  

Paul Rajkowski 
Paul moved to Knoxville in 1986. He is a graduate of St. Mary's University, Winona, Minnesota.  Having been involved in several businesses including export in Tennessee, Paul is now part of Jean Munroe Associates as a trainer and a Rule 31 civil mediator. He has been doing pro bono mediations in civil and juvenile sessions and looking forward to advancing mediation, and mediation services statewide.  Paul is also a master chef extraordinaire!

Isabell Huie  We are very excited to have Isabelle on the board, and will report her biography next month!

Our new volunteer mediators are an interesting and skilled bunch!  We have four domestic violence advocates who work with victims through the YWCA, the KPD and the new Family Justice Center; a UT PhD student; a community college instructor of Occupational Therapy; a DCS attorney and former social worker; an aspiring social worker who works at Parent Place; a minister who is involved with the KPD chaplains; a Montessori school owner and director; and several UT Law students who are especially interested in family mediation.

Wayne Baker
Pat Boorse
Evelyn Condon
Barbara Johnson, Esq.
Clayton Leasure
Lauren Mackey
Janet Neely
Mary O'Neill
Alan Smith
Mary Smith
Natasha Williams
Vivian Wright
Judith Wyatt

Our new mediators will first observe 4-5 mediations, and then be assigned a "Mediation Mentor", one of our seasoned (notice I didn't say "old") volunteers.  The mentor and newbie will debrief mediations, read articles and discuss issues for several months before we will move the new mediator into a "mediate with any co-mediator" status.  We will be implementing our mentoring approach with all our mediators, eventually.  We will also be holding a monthly mentoring breakfast to discuss issues that arise in our mediations.  As many of you know, most of our volunteers mediate at least 2x a month, and quite a few mediate once a week.

Our training team, along with UT Mediation Clinic, will be reviewing our training protocols, curriculum, and materials over the next few months in order to strengthen them, remove redundancies,  and commit to our Courts that we are doing everything possible to recognize and address family violence issues affecting adults and children. 

We are developing plans to provide a training to Rule 31 family mediators who would like to volunteer at CMC.  The "bridge" training will focus on co-mediation techniques, CMC procedures, court forms, and some topics of daily use to our volunteers:  dependency, domestic violence, facilitative and transformative mediation skills.

I am going to an interdisciplinary conference at Vassar College in May, "Mediation and Domestic Violence:  Ignorance is NOT Bliss."  CMC would like to offer to volunteer mediators and other service providers and court workers in the family violence community an increased understanding of the complexities and hidden identifiers of domestic violence, and we hope this conference will move us along. 

Last but not least, I'd like to announce that I have accepted the position of Executive Director with CMC.  Last year was one of transition; this year will be one of challenges: documenting our successes, finding funds and resources for the mediation we already do, identifying where we need to improve our way of doing business, and expanding intelligently.  CMC helped create the path of mediation in Knox County, and we've watched it become a beautiful well-traveled series of trails. CMC will now be taking a leadership role again to create new avenues where mediation can thrive and grow, working with our bench and bar, our Rule 31 non-attorneys and attorneys, TVMA, UT College of Law, and our generous and skillful volunteers!  My personal goal is to create the opportunities for dialogue about the whole spectrum of mediation within our community.  Please consider signing up for one of our ad hoc committees to implement and shape our strategic plan.  We have the following teams in formation, so contact us for more info and sign-up:

  • Outcome evaluation improvement, so that we can use our data in the best possible way, to understand what happens when we're successful and when we're not

  • Peer mediation development, which includes working without new commitment to train UT Athletes in peer mediation and conflict recognition, and to be "champions" of peer mediation in our schools.

  • Training and mentoring for all programs (juvenile, family, divorce, debt/healthcare, rule 31 bridge, domestic violence)

  • How to improve and expand our Mediation spaces

  • Developing a funding appeal, including marketing ideas.

  • How to educate the state and local legislature on the needs of community mediation in our county and state-wide.

This coming year is a crucial one for CMC, and we need your help now.  Please consider joining in!

---Jackie Kittrell
 

 

 

This is from a new listserv I found---Collaborative Law

"When Abraham Lincoln, (almost 145 years ago) faced a tense nation poised for civil war, he made his plea for peace by calling on everyone to find their higher selves. His poetic closing words could match the sentiments that an enlightened client might convey to their spouse who is tempted to engage in a litigious battle.

"We are not enemies but friends. We must not be enemies. Though passion may have strained it must not break our bonds of our affection. The mystic chords of memory . . . will yet swell the chorus of (our) Union, when again touched, as surely they will be, by the better angels of our nature."

As collaborative professionals, we can do no better than to help our clients find ways to be touched by the "better angels of their nature".

New resource:  In Asheville, there is a "new" kind of law practice called Collaborative Law Check it out and let us know what you think. 

 

 
Blog World!

CMC has entered the world of 'blogs---short for web logs. 

We are maintaining a blog for CMC Mediation Mentoring, to allow new volunteers and "seasoned" volunteers (notice I did NOT say "old volunteers"!) to pose questions and comment on questions which come up in the course of simulations and mediations.  The blog is also a good place to post new links for everyone to visit and comment on. 

We also have a 'blog for peer mediation discussions and links. 

Please go check them out, and add any comments or questions you may have about mediation issues, CMC procedures, and the like.  These sites will be a part of our new mentoring program.  Look for more information on monthly mentoring meetings to be coming your way soon via email. 

CMC Mediation Mentors Blog

CMC Peer Mediation Blog

A law student, Ian Best at Ohio State University, is getting class credit for creating a taxonomy of legal blogs.  He has listed out the ADR blogs separately here!  This would have to be an ongoing project, so check back often for new blogs.

Interesting blog article this month:

From Knight On Family Law:  Joint Custody of a Poodle
After two days of unsuccessful mediation and an hourlong hearing before Shelby County Circuit Judge Robert Childers, a custody dispute over Zena the poodle has been resolved. Technically the issue was possession, not custody, because dogs are considered property. But the decision to award possession to the husband during the week and possession to the wife from 6 p.m. Friday to 6 p.m. Sunday sounds more like a custody decision.

To find out more about this story (and about the pet pig case) see these links:

Commercial Appeal article
WBIR article

 

 

 

Our staff email addresses:  
Jackie Kittrell: 
jkittrell@2mediate.org
Sharon Upshaw:
supshaw@2mediate.org
Jen Comiskey: 
jcomiskey@2mediate.org

Annex:  cmcjuvct@2mediate.org
General info:  mediate@2mediate.org
 

Our postal address:
Community Mediation Center
912 South Gay, Suite L-300
Knoxville, TN  37902

Our telephones:
Gay Street:  (865)594-1879, voice; 594-1890, fax
Annex: (865)215-6570, voice; 215-6465, fax


 In honor of spring and the start of baseball season!
The way a team plays as a whole determines its success. You may have the greatest bunch of individual stars in the world, but if they don't play together, the club won't be worth a dime. ~Babe Ruth


CMC thank yous go out this month to Alan Smith and Jim Johnson who have volunteered to teach an hour-long mediation class to divorcing parents through Child & Family TN's Parenting Education Seminars.  PES classes are required to be taken by all divorcing parents in Tennessee, either as a 12 hr series of classes, or a 4 hr series.  Read Judge Swann's "Cheap Shoes" essay on the advantages to the child when a parent attends his required 12 hr parenting class. 

 

Legal Language

By Don K. Ferguson

(A volunteer mediator and author of the "Grammar Gremlins" column that appears in the News Sentinel every Sunday.)
-----------------------------------------------------------------

indict
Indict is pronounced "in-DITE." The word comes from the Middle English term enditen, which dates back to about the 1300s and which meant to "write down, accuse." Indict means "to charge with the commission of a crime, especially to make a formal accusation against [someone] on the basis of positive legal evidence; usually said of the action of a grand jury.

       --Webster's New World College Dictionary

advisement
Judges frequently take matters under advisement, meaning that they will consider and deliberate on a particular question that is before the court.

--A Dictionary of Modern Legal Usage

 

Here is a collection of our favorite websites for word-lovers!
Oxford English Dictionary Word of the Day

It Figures: Rhetoric Served Up Fresh with a handy list of rhetorical terms for those who want to be "in the know"!

Knoxville Writers Guild

Babel Fish Translation online

Ethnologue: An encyclopedic reference work cataloging all of the world’s 6,912 known living languages

My favorite!  American English Dialect Maps from the Harvard Dialect Survey, and the homepage for Professor Bert Vaux, who created the survey at Harvard but is now at the University of Wisconsin.  You can see maps of the US pinpointing where people use different pronunciations, words, etc., and even see the words survey state by state.

 

 

 

 
Mediation Toolbox

:: Have you ever wondered what are the qualifications for being a mediator in all 50 states?


Tennessee Court websites:

::Administrative Office of the Courts

::Appellate Courts (Supreme, Appeals, Criminal Appeals)

::Judicial District Courts (Circuit, Probate, Chancery, and Criminal found in drop-down menu)

 

       ::Davidson County Circuit Court Clerk

::Hamilton County Judicial System

::Shelby County Courts and Criminal Justice

 

::Juvenile Courts

::General Sessions Courts 

::Court Structure Chart

 


:: Whatever It Takes: How Twelve Communities Are Reconnecting Out-of-School Youth
The American Youth Policy Forum has just published a lengthy study (181 page pdf file) that describes dropout recovery in twelve communities in the country. The document includes some interesting statistics:

  • An estimated 3.8 million youth age 18-24 are neither employed or in school – 15% of all young adults.
  • Of those who fail to graduate with their peers, one-quarter eventually earn a diploma, one-quarter earn the GED, and about one-half do not earn a high school credential.
  • Three-quarters of state prison inmates are dropouts, as are 59% of federal inmates.
  • Dropouts are 3.5 times more likely than high school graduates to be incarcerated in their lifetime.
  • Of all African American male dropouts in their early 30s, 52% have been imprisoned.
  • 90% of the 11,000 youth in adult detention facilities have no more than a 9th grade education.
  • The US would save $41.8 billion in health care costs if the 600,000 young people who dropped out in 2004 were to complete one additional year of education.
  • Increasing the high school completion rate by 1% for all men ages 20-60 would save the United States $1.4 billion annually in reduced costs associated with crime.
  • Dropouts cost our nation more than $260 billion dollars in lost wages, lost taxes, and lost productivity over their lifetimes.

:: http://www.wheniwastwelve.com/  is a website for those of us who have been a  twelve year old girl to remember what it was really like, share, and read other's memories...


April 3-7, 2006 is National Youth Violence Prevention Week

 
National Youth Violence Prevention Week is an annual campaign to raise awareness and to educate students, teachers, school administrators, counselors, school resource officers, school staff, parents, and the public on effective ways to prevent or reduce youth violence.

Each day of the week (April 3-7) focuses on a specific violence prevention strategy: promoting respect and tolerance, anger management, resolving conflicts peacefully, supporting safety, and uniting in action. The National Association of Students Against Violence Everywhere (S A V E) and GuidanceChannel.com, a brand of Sunburst Visual Media are the founding partners of the National Youth Violence Prevention Campaign.


:: Peer Mediation Resources online!


:: The benefits of napping include enhanced ability to problem solve!

Sleep is undoubtedly foremost on the minds of sleep-deprived Americans who turned their clocks one hour ahead yesterday to mark the beginning of daylight savings time.  Knowing this, Bill and Camille Anthony, founders of the Napping Company, have designated today as National Napping Day to promote the numerous benefits napping confers, including enhanced creativity and problem solving abilities.
If this is the case, then mediators should not only urge their clients to
"sleep on it" as they contemplate decisions
but also allot time for parties to power nap when scheduling all-day marathon mediation sessions.
 

:: Negotiation Explained
Here is a resource for negotiation online by Professor Wertheim of Northeastern University  which provides a comprehensive overview of many valuable concepts including the following:

“The Five Modes of Responding to Conflict [including]…the two most problematic types: Collaborative (integrative) and Competitive (Distributive)…

* Rational vs. the Emotional Components of Negotiation
All negotiations involve two levels: a rational decision making (substantive) process and a psychological (emotional) process. The outcome of a negotiation is as likely to be a result of both. Most of us understand the need to grasp the substantive or rational aspects of negotiation. For many of us it is the psychological aspects that are more difficult….

* Integrative or Win-Win Bargaining:
Keys to Integrative Bargaining
- Orient yourself towards a win-win approach: your attitude going into negotiation plays a huge role in the outcome
- Plan and have a concrete strategy...be clear on what is important to you and why it is important
- Know your BATNA (Best Alternative to a Negotiated Alternative)
- Separate people from the problem
- Focus on interests, not positions; consider the other party's situation:
- Create Options for Mutual Gain:
- Generate a variety of possibilities before deciding what to do
- Aim for an outcome based on some objective standard
- Pay a lot of attention to the flow of negotiation;
- Take the Intangibles into account; communicate carefully
- Use Active Listening Skills; rephrase, ask questions and then ask some more…”

 

:: Here is a very good guide to the many books and courses on negotiation skills.

 

:: Katrina Puts a New Spin on Custody Disputes

Judges and lawyers in New Orleans say they have seen scores of
family disputes related to the storm. Families are experiencing painful new battles over child custody and visitation, financial support and division of assets. State guidelines do not address emergency upheavals like those caused by hurricane Katrina. Judges are left to determine when a required evacuation becomes a voluntary relocation and who can stay where and for how long.

 
:: Violence Against Women with Mental Illness
This issue brief from the Consensus Project examines what is known about the vulnerability to violent crime of women with mental illness; what programs have attempted to service this population of women; what resources are available to the field and other issues. 16 page downloadable pdf file.

 


 

 

It is always better to say right out what you think without trying to prove anything much: for all our proofs are only variations of our opinions, and the contrary-minded listen neither to one nor the other."

~~Johann Wolfgang von Goethe