CMC :: The Neutral Zone February 2007

the neutral zone

vol.6 issue 1
02.07

Content

News and Updates
March 6 TAPM Annual Meeting
NVC & Mediation Training
Save the Date, April 13-14
News from the Front: We welcome new volunteers to General Sessions Court
Thanks to our Friends!
Blogworld & Highlights from our Webpages
Legal Language
Mediation Toolbox

Quid Novi?
News and Updates:

CMC Dates:
February 14, CMC Executive Committee Meeting, 12-1pm, CMC Gay Street Conference Room
February 22, CMC Board Meeting and Liaison Board Meeting, 5:30-7:30pm, at the home of Board Member Delores Mitchell. Please call for more information.

Peer Mediation Advisory Committee: If you are interested in being included in the re-start of this CMC Committee, please get in touch with Jackie at jkittrell@2mediate.org or at our office, 594-1879. There is quite a bit of interest in breathing new life into our 7 year old unfunded peer mediation program for Knox County, including networking with surrounding counties. Our work with UT Athletic Department needs follow up, as well as our work with Knox County Schools.

TVMA Dates:
February 20 (3rd Tuesday), TVUUC, 6:30pm social time, 7-8pm, No program is scheduled but ALL MEMBERS ARE NEEDED, whether on the board or not, to come and discuss the direction for TVMA in 2007 and beyond. Click here for directions to the meeting.

REGISTER EARLY & SAVE THE DATE!
April 13-14, A special treat for all mediators in Non-Violent Communication and Mediation, with two wonderful trainers, John Kinyon and Ike Lasater. This training will be a 2 day training, held in the large meeting room at Tennessee Valley Unitarian Universalist Church (TVUUC). Please go to TVMA's website for registration information. This training will fill up early, so please register before the end of February to assure a place.

Knoxville Bar Association dates: More CLE opportunity here.

KBA ADR Section: Events will always be held at Anderson, Reeves & Herbert, P.A. - 2607 Kingston Pike, Suite 130 (Tyson Place), at 5:30-6:30pm on the first Monday of the month. They each have been approved for 1 hr CME/CLE. $15 for KBA members; $25 for nonmembers. ($5 extra the day of the event.)

March 5, 2007
Comparison of Different Mediation Styles: Evaluative, Facilitative and Transformative
Speaker: Jean Munroe

April 2, 2007
Mediation in Business Cases
Speaker: James S. MacDonald, Dunn, MacDonald, Coleman & Reynolds

May 7, 2007
Mediation Insights in Employment Law Cases
Speaker: Patty K. Wheeler, Wimberly, Lawson, Seale, Wright & Daves

September 10, 2007 (Note Date Change)
Mediation of Medicare/Subrogation/Liens/Nursing Home Claims
Speaker: Harry P. Ogden, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

November 5, 2007 (Note date change)
Ethical Considerations in Mediation
Speaker: Howard H. Vogel, O’Neil, Parker & Williamson
*Approved for 1 hour of Ethics CLE Credit

Congratulations!

Greg O'Connor, Esq., CMC Board Member, volunteer General Sessions Mediator and local Rule 31 Mediator-Extraordinaire is now heading the Knoxville Bar Association's ADR Section.

Patty Wheeler, Esq., a founding board member of CMC, newly trained volunteer mediator and amazing Rule 31 Civil Mediator and Litigator, was just elected to the KBA Board of Governors!

Lucinda Albiston Esq. and Betsy Meadows, Esq., both supporters of CMC as well as excellent Rule 31 Mediators and Litigators, are co-chairing the Family Law Section of KBA!

March 6, 2007 Tennessee Coalition for Mediation Awareness (TCMA) will meet in Nashville over early lunch/brunch, 10-11:30am on the campus of Lipscomb University, Conflict Management Center. Here is a list of all 22 groups across Tennessee who are members of TCMA.

Also on March 6 (same day, same location), the state-wide mediation organization for Rule 31 trained mediators, Tennessee Association of Professional Mediators (TAPM) will be holding their annual meeting. Registration is 11-11:30, and the afternoon meeting, 1:00-4:30 will feature a speaker, Lee Jay Berman, from Strauss Institute at Pepperdine University, Director of "Mediating the Litigated Case" program there. His talk is provocatively titled: "Never Getting to Impasse: Heavy Metal Mediation". Go to the TAPM website for more information and directions.

SAVE THE DATE--APRIL 28--FOR COMMUNITY SHARES CIRCLE OF CHANGE AWARDS DINNER AND SILENT AUCTION!

news from the front (office)

by Jackie Kittrell, Executive Director

CMC has just completed a new type of training for volunteer mediators, one that I'm sure we'll be doing again. We just trained over 30 new volunteers for General Sessions Court, including nine 3rd year law students in UT College of Law's Mediation Clinic under the supervision of Prof. Becky Jacobs. These new volunteers will be observing in Sessions Court (V) on Mondays, Tuesdays, and Wednesdays, and eventually co-mediating with a seasoned volunteer mediator. We were also able to offer CLE/CME credits, including one hour of dual general/ethics.

As many of you know, CMC was co-created in 1994 out of a collaborative effort: UT College of Law Clinic, namely Professor Grayfred Gray, along with the Knoxville Bar Association's Mediation Services (KBAMS), Legal Aid of East Tennessee (at the time called East Tennessee Legal Aid Society), and the Knox County General Sessions Court, all got together and devised a training for volunteers, both attorney and non-attorney. This was during the time that Rule 31 was a "twinkle" in someone's eye, but not yet a reality.

Our 40 hr volunteer training was used as a reference in setting up the training requirements for Rule 31 mediators in Tennessee, and that same curriculum, while different in some ways from the requirements of Rule 31training (emphasis on co-mediation, 6-step facilitative model, not as much emphasis on the statutes and on Rule 31 itself), is still "Rule 31 equivalent" in large part.

In our newest training module, we are teaching mediators who have already gotten their basic (either family or civil) Rule 31 training, by offering a "bridge" to becoming a CMC volunteer. Yes, we are teaching the same process we've always relied on: our very effective "6 step" phase model. Yes, we still teach the facilitative style of mediation, designed to work especially well with self-represented litigants who have decided to solve their own disputes. And yes, we still co-mediate. These aspects of our model are perfectly suited to a mediating as a volunteer, and underscore how much emphasis we place on the mediator skills required to empower the disputants to make their own agreements, not to evaluate or to give legal advice.

Professor Carl Pierce came to our training and sat on our expert panel to discuss the issues surrounding unrepresented parties in court. He sits on a Tennessee Supreme Court Task Force on Self-Represented Litigants and must gather ideas for the AOC this year. Since CMC mediations are by and large between parties where one or both of the disputants are pro se, especially in General Sessions Civil Court, we provided him with lots of food for thought. Please stay tuned for an article about this challenging topic in a future Neutral Zone.

I'd like to thank my co-trainers, Bob Swan, the Judical Administrator for Knox County General Sessions Court and Director of the Mediation Program for which our volunteers mediate; and Professor Becky Jacobs, who is a stellar teacher and commands undying affection and loyalty from her students. UT College of Law's Micki Fox provided unparalleled attention to detail regarding CLE credits and forms. With them, I'd like to welcome the new class of volunteers to our community:

Ben Barnett (3L) Matt Brotherton (3L)

Jeff Davis LauraBeth Huffine (3L)

Laurie Jewett, Esq. Morris Kizer, Esq.

Jenna Konomos, Esq. Martha Meares, Esq.

Greg O'Connor, Esq. Melissa Petersen (3L)

Jamie Poston (3L) Kelly Randall (3L)

Whitney Ray-Dawson Bill Routh, Esq.

Sylvia Sargent John Selser, Esq.

Caitlin Shockey (3L) Ian Sole

Dorothy Stulberg, Esq. Charles Van Beke, Esq.

Joe Viglione (2L) Patty Wheeler, Esq.

William "Wooty" Wooten (3L)

Among our trainees are two folks who will not be volunteering for CMC, but with whom we consider it an important part of our mission to provide and exchange training: John Selser is the (fairly new) director of Tennessee's oldest mediation center, Community Mediation Services (CMS) of Anderson County, just to our north; and Laurie Jewett, who is a board member and active volunteer with hNashville Conflict Resolution Center, the Nashville Bar Association's own volunteer attorney mediator program in Sessions Court. Both John and Laurie are interested in our program as a model to bring home and use as a "seed" for change. I love how community mediation fosters collaboration and new ideas.

Also, last but most importantly, I so appreciate the help we had from our seasoned (not OLD!) volunteers and Rule 31 mediators. They role-played, coached and served on our experts panel; many stayed for the whole training. Thanks to each of you again!

Andy Agnew Lisa Carroll

Greg Davis Don Ferguson

Sam Fowler, Esq. Lisa Givonetti, Esq.

Paul Rajkowski Judy Toole, Esq.

Lon Young, Esq. Elaine Wynn

hank You

for your generous gifts in support of our volunteer mediation programs in 2006!

We are so grateful for the following individuals, families, and organizations:

Lucinda Albiston, Esq.
Fran Ansley & Jim Sessions
Judge Richard Baumgartner
Pamela Brown
John & Sue Buckley
Luis Bustamante, Esq.
Butler, Vines, & Babb, PLLC
Mr & Mrs Robert Campbell, Esq.
Lisa and Alan Carroll
Community Shares
Peggy Comstock, Esq.
East Tennessee Foundation
Don Ferguson
Sam & Joanne Fowler
James Kelly Giffin, Esq.
Amy Glenn, Premier Designs, Inc.
Amy Goff
Paul Hogan, Esq.
Marsha Hupfel
Judge Tim Irwin
Jim Johnson
Steven Johnson, Esq.
Lynn Kidd
Margaret Klein, Esq.
Catherine Kligerman, Esq.
Knoxville Bar Foundation
Don Leake, Esq.
James LeFevor, Esq.
Francis Lloyd, Esq.
Sherry Mahar, Esq.
Janet McMullen
Betsy Meadows, Esq.
Marcie Meldahl
Melrose Foundation
Annette Mendola & John Nolt
Emil Muly
Jean Munroe, Esq.
Franklin Norton, Esq.
J. Gregory O'Connor, Esq.
Wanda Olson
Barbara Pelot
Cecilia Petersen, Esq.
John Rayson, Esq.
Dale Robinson
Virginia Schwamm, Esq.
Scripps Network
Donna Smith, Esq.
Smokey Mountain Region Combined Federal Campaign
Bob Swan
Judge Bill Swann
Dudley Taylor, Esq.
Kathy Theis
University of Tennessee Campus Chest
West Knox Friends Meeting
Robert Young, Esq.
Richard Zivi

Blog World!

:: I haven't blogged on our CMC blog recently, but have been busy updating our website, www.2mediate.org. Please check it out and let me know what you think about content and aesthetics, but also about how easy it is to use.

Some highlights from our website:

What's New? page which lists new additions to the website, along with current announcements.

Read the Neutral Zone online and have an easier way to access past issues.

Shopping for Books and other mediation-related items (what's NOT mediation related?) from Amazon.com. We are Amazon Associates and get a small percentage from Amazon for every purchase made through our website. You can use our webpage search engine, and anything you buy after browsing will also be included in our associate's percentage.

Make a donation or a payment to CMC.

Meet our volunteer mediators. If you ARE a volunteer mediator, consider this as a reminder to send in your interview responses!

Read an interesting "real life" mediation story from General Sessions Civil Court written by one of our volunteer mediators who is also a Rule 31 Civil mediator, Sam Fowler.

Explore mediation links online by using our Resources page. A beginning collection of good online mediation articles can be found here.

Learn about the History of Community Mediation in the U.S. and in Tennessee.

::: A fascinating blog which will provide mediators with insight into the mind of a good plaintiff's personal injury lawyer who is thinking of how to settle her client's case.

:: I'm a visual thinker (and visual filer, a good excuse for a messy desk), so I especially loved this "periodic table" of Visualization Methods, an excellent mediator resource to be reminded of all the ways we help parties problem-solve. (thanks to an excellent all-purpose blog of web resources, BoingBoing, and also to Mediation Mindset blog.

And just because its interesting (and I found it while looking for the first link), the periodic table of actual chemical elements presented visually.

:: Bridging the DivideBetween Lawyers and Mediators from a blogger Diane Levin at Online Guide to Mediation.

:: A fascinating article online by Ike Lasater, a trial attorney who began practicing mediation using Nonviolent Communication methods. Read about his transition here on his website.

Our staff email addresses:

Jackie Kittrell: jkittrell@2mediate.org
Sharon Upshaw: supshaw@2mediate.org
Jen Comiskey: jcomiskey@2mediate.org

Our contact info:

912 South Gay Street
Suite L-300
Knoxville, TN 37902
(865) 594-1879, voice
(865) 594-1890, fax

Juvenile Annex office
(865) 215-6570, voice
(865) 215-6564, fax

Website: www.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.)

----------------------------------------------------------

to wit

"To wit" is a legal archaism, an outmoded expression that is not yet obsolete. "To wit" means "that is to say." The word "namely" is almost always an improvement, according to A Dictionary of Modern Legal Usage.

"At times our own light goes out and is rekindled by a spark

from another person.
Each of us has cause to think with deep gratitude of those who have lighted the flame within us."
- Albert Schweitzer

News from our friend and mediator, Ken Cloke, who conducted a day-long training with our mediation community in April, 2006 (for our observation of Conflict Resolution Week, in collaboration with Tennessee Valley Mediation Association):

Besides publishing a new book, The Crossroads of Conflict (The working title was "Into the Heart of Conflict."), Ken has co-created a new program called Mediators Without Borders. They don't yet have a website up and running, but here is an informative piece on MWOB on one of our favorite mediation blogs, Florida Mediator. For those mediators who want to participate in the "big picture", using mediation to resolve conflicts all over the world, with sensitivity toward local cultures and values, this is an upcoming opportunity to give and volunteer.

M e d i a t i o n
T o o l b o x

:: Need Legal Information?

Here is a list of some websites, all maintained by Tennessee attorneys, which try to provide legal information to the public on a wide variety of legal issues, from child support to landlord-tenant law. CMC doesn't vouch for any of the information, but we invite you to explore the links and see what you think:

Justice For Y'all, a website from a Nashville attorney, Jennifer Thompson, which has information about child support, divorce & family, credit, consumer, landlord tenant, criminal law, copyright, state taxes, and traffic rules. As well, there are links to Tennessee courts and government pages.

Memphis Divorce is a website maintained by the Memphis firm of Crone & Mason. There are pages dealing fairly comprehensively with Tennessee Divorce (pre-divorce planning, divorce mechanics, and post-divorce). Miles Mason is a partner in the firm and a Rule 31 mediator.

Here is a way to use the Lexis-Nexis version of Tennessee Code Annotated (TCA) online, via a link from the Administrative Office of the Courts.

:: Counseling & Parenting Resources Online

Your Social Worker, a website maintained by Gary Direnfield, MSW, RSW with lots of links to articles and videos about parenting, separation and divorce. The site owner does have products for sale, but most of the information is provided for free.

:: Non-Violent Communication Resources Online (Read while waiting for TVMA's NVC & Mediation Training on April 13-14.)

:: Center for Non-Violent Communication including a resources for using NVC in the classroom.

:: NVC Academy Online, helpful as an introduction to NVC skills.

:: Empathic Listening by a wonderful NVC educator and practitioner, Holley Humphrey.

Go to our Books page and order NVC books from Amazon.com. CMC is an Amazon Associate and gets a percentage of all books ordered from Amazon by way of our web page.

We also have more NVC online resources on our Links page.

:: Nonverbal Dictionary is a compendium of all sorts of body language, gestures both conscious and unconscious. "From Adam's Apple Jump to the Zygomatic Smile". It seems to load slowly but is worth the wait.

March 3 is National Family Mediation Day!

Mediate: Life Won't Wait