the neutral zone


vol.6 issue 7
7.06

 

 


Content

News and Updates

News from the Front
Thank You's   
CMC 'Blogs
Legal Language

Order Mediation Books!
Mediation Toolbox


 

 

 

Quid Novi?
News and Updates:

CMC Meetings:
::
September 9, Monthly Mentoring Meeting (usually the first Saturday, but put back one week to not conflict with Labor Day Weekend), 9am-11am, CMC Juvenile Annex.

:: CMC Executive Committee Meeting, Wednesday, August 16, 1-2pm, Gay Street Offices.

:: CMC Board Meeting, Thursday, August 24


 TVMA News and Dates
:: Tuesday, September 19, 6:30-8pm at the TVUUC on Kingston Pike:  TVMA monthly meetings begin!
:: Look for news about TVMA and CMC sponsoring a Domestic Violence training and workshop with Jean Munroe, October 13-14.

::
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.

:: TVMA will soon have news about the possible availability of the Ken Cloke video.  We will keep members posted!

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, September 11, Mark your calendars for the annual ethics in mediation course:  "Ethics & Mediation" Speaker: Howard Vogel, O'Neil, Parker & Williamson, 5:30-6:30pm, Approved for one hour of Ethics CLE Credit .

::  Monday, October 2, 2006, Mediation Dissected: Perceptions, Expectations and Reality, Speaker: William A. Simms, Arnett, Draper & Hagood, 5:30-6:30pm, Approved for one hour of General CLE Credit.

Lunch and Learn at Calhoun's on the River, at 12 noon ($35 members, $50 nonmembers):
December 7, 2006
"Keep the %*#!@ China -- or How to Settle a Divorce Case"
Featuring:
Bernard E. Bernstein, Bernstein, Stair & McAdams, LLP
Bernie Bernstein has been a prominent member of the legal community, and the community at large, in Knoxville (and beyond) since founding his law firm in 1959. Utilizing his business background, he has developed a reputation for professional excellence while focusing his practice on civil litigation, domestic relations, business litigation, commercial law and real estate matters. At the same time, he has served on the board of directors and/or as an executive officer for numerous companies and charitable organizations, he has served as an adjunct instructor at UT law school, and he has been an active member of various legal associations at the local, state and national level. This is your opportunity to gain new insights from an award winning litigator on how to settle emotionally charged cases.

KBA sponsored CLE, August 25, 2006
Mass Tort Litigation:  Avoid Mass Confusion Through Effective Pre-Trial Practice
TIME:  1:00 - 4:15 p.m.
LOCATION: Main Assembly Room, City-County Building, 400 Main Street
COST: $90 for KBA Members & $125 for non-members
$25 for KBA-Law Student Members
$5 additional the day of the program
Approved for 3 hours of General CLE credit
Of special note:  3:15-3:45 p.m.
Mediation of Mass Tort Litigation
Paul D. Hogan, Jr., Hogan & Hogan, PLLC

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

A great local calendar of events is located at DiscoverET.org website!

Our work with the newly formed Safe Schools network is moving ahead.  The mission of the organization is to help create a safe and respectful environment for students in Knox County.  The next meeting will be Tuesday, August 15, 6-8pm at the Race Relations Center in the Mechanicsville neighborhood.  The network has also created a mailing list for discussions and announcements.  If you would like to join the list, please send an email to David Massey at dmassey@discoveret.org

Oct 14 is Tennessee Mediation Day!
 

 CMC is a Community Shares Affiliate!  We attended the annual CS meeting in Nashville on August 12, and got to meet all the other fifty member groups!  Please plan ahead for the 10th annual Brewfest on October 14, 2006. Sign up with us now to volunteer at this wonderful event.

Women in Black began in 1988 in Jerusalem when a small group of Jewish women took a stand against their own Israeli government's occupation of Palestine.  The women dressed in black as a symbol of mourning.  They brought their children and stood in silent vigil at a busy intersection with their hearts and minds set on peaceful co-existence of Israelis and Palestinians.  The Women in Black grew to an international movement of many nationalities and religions, united by a passion for justice and non-violence.  Today several hundred Women in Black groups hold weekly silent vigils all over the world.  The original group still stands each week at the busy intersection in Jerusalem. 

Knoxville's chapter of Women in Black was founded April 2, 2002.  Since that date, every week, without fail, in all kinds of weather, women dressed for mourning have stood at the intersection of Cumberland and Locust downtown in front of the Duncan Federal Building, every Tuesday, noon to 12:45pm.  They hold signs expressing their demand for an end to the Israeli occupation at the West Bank and Gaza and their commitment to peace (English), salaam (Arabic), and shalom (Hebrew).  They are Jews, Christians, and Muslims, some Palestinian by birth.  The bonds of solidarity and affection that have grown between the diverse women participating in the vigils are proof that peaceful co-existence is possible and is a better alternative to separation, hatred and violence.

 

 

news from the front (office)

 

 

REVISED
CHILD SUPPORT GUIDELINES
(AS OF 6/26/06)

A new model used to determine child support for Tennessee children was implemented in January, 2005, called “the income shares model”.   This replaced a method used for years called the “flat percentage model”, where all we needed to know was the amount of the non-custodial parent’s income.  Now the income shares model has been revised because of perceived unfairness, effective June 26, 2006.   

With kudos for simplifying the complexity to Kevin Teffeteller, attorney for Child Support Services of Tennessee, the following are some highlights of the new revised guidelines: 

The definition of  a “day” has changed!  (only for purposes of measuring co-parenting time…)  Because the determination of “day” in the previous guidelines requires the court to establish how much time in the day each parent has spent with the child, we’ve had a lot of litigation about what “day” means.  The “day” issue sometimes comes up in visitation mediation when one parent has been advised or has decided to negotiate strategically.  The new definition of a day of co-parenting time: “When the child spends more than 12 consecutive hours in a 24 hour period under the care, control, or direct supervision of one parent or caretaker.” 

Also changed:  the median income figures for imputing income to a party (who is unemployed or underemployed or who has no documentation of income).  The new amounts are:  $36,369 for men, and $26,989 for women. 

The amount of credit allowed for child support being paid for the parent’s other children has been adjusted.  Under the new guidelines, all “not in home children” are treated equally; it no longer matters if the “not in home child” is getting support pursuant to a pre-existing order, a subsequent order, or no order.  This prevents competition for income between children of the same parent when child support is being calculated for only one of the children. 

There are other changes having to do with criteria for modifying child support, which have less to do with what we need to know for mediation, and which are complex enough to raise issues needing legal advice rather than legal information.  The full text of the new guidelines and the new worksheet are here.  As our volunteers well know, we do not mediate child support, but it helps our mediators to understand the requirements, especially those mediating divorces.

 

 
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

From the blog world this month:
"Apology in the law revisted", a thoughtful and practical article from an interesting legal blog called Legal Sanity.  A provocative online article, "Emerging Med-Mal Strategy:  Early Apology Concept Spreads" is referenced in the blog article.

On a different note, here's an article on whether there's a difference between a mediator trained as a mediator (!) and a mediator without professional mediation training who is a retired judge.

In the UK, the Centre for Effective Dispute Resolution (CEDR) did research to find the real cost of internal conflict to British businesses---they came up with the figure of $33 billion pounds.  It's a very interesting study.  Just one of their findings:  Over a third of managers would rather parachute jump for the first time (35%) than address a problem with their team at work, and just under a third would rather shave their head for charity (27%). 
In another finding:  Few managers, only 37%, feel trained to cope with business conflict. The lack of confidence in managers feeling prepared to deal with disputes is worrying given that the significant consequences of conflict include the following business headaches:  damage to company reputation; 
exposure in the public domain; effects on company morale; effects on personal reputation; damaged business relationships; Lost customers; increased staff turnover; failure to meet targets
Thanks for this link to Geoffrey at the Australian mediation blog, Mediation Blah Blah...

 

 

 

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

 

Legal Language

By Don K. Ferguson

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

-----------------------------------------------------------------
evidence

"Evidence" includes all means by which a fact in issue is established or disproved. Strictly speaking, "evidence" and "proof" are not synonymous. Unlike "evidence," the word "proof" applies to the effect of the evidence, not to the way in which truth is established.
--Garner's Modern American Usage

 

 



B
ookS  4  U
We have a new feature on our website and newsletter.  We will be posting Amazon.com links to our favorite books, including any book we review.  If you order via the "clickable links" we will post, CMC will get
10% of the
price of the book!
We encourage you to shop at our favorite local independent booksellers too:  Carpe Librum, Book Eddy, & McKays!

Here's some clickable links to get you started...
 

  

For a more general book search for mediation subjects on amazon.com, just click Books 4 U

 

 

 

 
Mediation Toolbox

:: Net-ruling

:: Librarian's Internet Index (LII)

:: Standpoint, a web community to test individual beliefs...go check it out and see if you understand how to use it!

:: “Turn Objections into Concessions and Adversaries into Advocates in Corporate Negotiations” , a very good online article from Negotiator Magazine by Lisa Bracken.

:: Tennessee Supreme Court Rule 31 proposed amendments and comments thereon.  (Comment period runs until August 21.)  Just click on Rule 31, but notice this page has all the proposed rule changes...

:: If you like peaceful background music while you're writing on your computer, here are some links to "ambient" electronic music which is surprisingly helpful to me in concentrating and screening out distractions:
Spheric

Diatonis
Spiralight
Meditation Music

::