the neutral zone


vol.6 issue 5
 07.07

 
   


News and Updates
News from the Front
Mediation Day Event:  Oct. 18
Fall, 2007:  CMC Basic Volunteer Mediator Training
Say Nothing For Peace
Thank You
Blog World
Legal Language
TN Divorce Mediation Legislation
 Mediation Toolbox
 
 

 

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2004
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2002
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2001
 Archives for 2001


Quid Novi?
News and Updates:

 
Save The Date!
Mediation Day in Tennessee
TCMA Awards Luncheon & CLE

 Thursday, October 18, 2007
12 noon-3pm CDT

Location: Lipscomb Institute for Conflict Management, Ezell Center, Nashville TN
 
Program Agenda:   
11:30 am   Registration
12:00 pm   Luncheon with keynote speaker and award of the 1st annual Grayfred Gray Public Service Mediation Award
1:30 pm    ADR Ethics Program (we plan to apply for 1.5 hours of CME and CLE credit)
5:00 pm    Reception, Location TBA
 
We plan to encourage the Tennessee Coalition of Community Mediation (TCCM) to consider having their quarterly meeting at the Ezell Center at 10:00 a.m., and then join us in the Mediation Day celebration.   We also encourage you to link up with a local bar association or community mediation center near you to plan other mediation day events during October, in order to increase public awareness of all the good ADR work happening across the state. 

Tennessee Coalition for Mediation Awareness (TCMA)
See our list of Coalition Members HERE. 
The mission of TCMA is simple:  Increase mediation awareness and educate our public servants, bench, bar, and general public about the many opportunities which exist to mediate disputes and/or use mediation and conflict management skills.

 

 

CMC will hold its annual BASIC VOLUNTEER MEDIATOR TRAINING in September and October, 2007.  We want to make sure we coordinate with the "away" football games, so we will publicize the training dates and location in our next newsletter.  

You may go ahead and apply online or by calling 594-1879 for an application to be mailed to you. 

Our 35 hr. training prepares our volunteers to mediate in both family and civil disputes, and will include true-to-life role-plays as well as training on procedure and paperwork in General Sessions and Juvenile Courts.  After completing our basic training, volunteers will then observe real mediations, be debriefed, and then co-mediate cases with seasoned mediators.

We will also be offering several "upgrade" trainings to our volunteers in good standing: Dependency Mediation; Advanced VORP Mediation; Domestic Violence Issues; Facilitation; Cultural Competency in Mediation; Impasse Issues; and more!

* If you have taken a Rule 31 basic mediator training and would like to volunteer with us to improve your skills and fulfill your pro bono hours, please ask us about our shorter basic training schedule which covers our model and procedure, co-mediation, and ethics.

CMC DATES:
 No meetings in July!

August 15, Executive Committee Meeting, 12-1pm, CMC Gay St Office conference room.  Brown-bag lunch, drinks provided. 
 August 23, Board Meeting, 6-8, time and place TBA; Monroe Free funding appeal training.

TVMA DATES
August 26, Saturday, TVMA Board Retreat, 1-4pm at Wayne Whitehead's Riverdale Schoolhouse; bring canoes!

TVMA'S regular monthly meetings will continue BEGINNING IN SEPTEMBER on the 3rd Tuesday of each month at TVUUC, 6:30pm social time, Meeting time, 7-8pm, Program TBA,, Click here for directions to the meeting.    

KNOXVILLE BAR ASSOCIATION DATES
 KBA ADR Section: 
Meetings will be held at the law office of Butler, Vines & Babb (2701 Kingston Pike) from 5:30 - 6:30 p.m. The programs have each been approved for one hour of general CLE credit (unless otherwise noted). KBA Members not wishing to receive CLE credit may attend the program at no charge (handout materials not included). A reservation is required in advance of the program. $5 additional the day of the program.  The cost is $20 for KBA members & $30 for non-KBA members.  The cost includes one hour of CLE credit and the handout materials.

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

Lunch & Learn:
October 11, 2007, Thursday
Calhoun’s on the River
 The Colorful World of General Sessions Court
Speakers:
Hon. Charles A. Cerny, Jr., Div. I, Knox County General Sessions Court
T. Scott Jones, Banks & Jones



ashville trainings:

:: Tennessee Association of Professional Mediators (TAPM)

:: Lipscomb University Institute for Conflict Management : July 19 & 20: Mediating the Complex Case, Rule 31 basic Civil training, offered in three 2-day blocks.
Contact: Rich McPherson
3901 Granny White Pike
Nashville, TN 37204
Phone: 615-966-6680
Fax: 615-966-7141
Email: icm@lipscomb.edu
Web Site: www.icm.lipscomb.edu

           
Left, Larry Bridgesmith, JD, Executive Director, Lipscomb University Institute for Conflict Management (ICM); Right, Marietta Shipley, retired 2nd Circuit Ct Judge in Davidson Co, first President of TAPM, and founder of the Mediation Group.
 

 


NCRC and Habitat for Humanity Collaborating in Nashville

Nashville Nashville Conflict Resolution Center  (NCRC) Board Vice-President Marnie Huff reports that the NCRC continues to have a successful collaboration with Habitat for Humanity in Nashville. Nashville attorney/mediator Leigh Ann Roberts, Tiffany Cox, Deputy Director of the Tennessee Human Rights Commission, and Marnie have been teaching self-mediation skills and tips for avoiding neighborhood disputes to future Habitat homeowners since last September. Marnie said recently, “We’re so grateful to Jackie Kittrell for sharing information on peer mediation and communication skills which we adapted for use in the NCRC classes at Habitat. It’s still a work in progress -- we want additional cultural awareness information and reduce the amount of written material to make our presentations more accessible to people who do not speak English well. Last week, my presentation on mediation was translated into Kurdish by a bilingual young man taking the class. Nashville has become an amazing center of diversity!” Other community mediation centers interested in starting similar classes at a Habitat for Humanity center near them may contact Marnie Huff by sending an email via her web site, www.MargaretHuffMediation.com.

 


Jean Munroe provides excellent Rule 31 mediation training for civil and family mediators in the Knoxville area and across Tennessee, with cross-over training offered. She is also considered to be the "go-to" trainer for domestic violence issues in mediation. Click here for her 2007 training schedule.

 


 

 

Community Shares Annual Membership Meeting will be held in Nashville on Saturday, August 12.  Representatives from all member groups will be in attendance and the new board will be elected.  This is a wonderful opportunity to come and meet member groups!

Plan ahead!  The 11th Annual Brewer's Jam is scheduled for Saturday, October 13 this year.  CMC always provides the most lively and careful pourers, so sign up soon!

WE ALL SCREAM FOR ICE CREAM ON FIRST TUESDAY! 
Buy a Ben & Jerry's ice cream at Western Plaza between 5pm-8pm, and 20% of what you pay will go directly to Community Shares!

 

 
   
 

news from the front (office)


 

Those who can, do.
Those who can do more, volunteer. ~Author Unknown

CMC's most valuable assets are, pure and simple, our VOLUNTEER MEDIATORS.  We have currently a pool of 50+ mediators who have taken the time out of their varied lives and invariably busy schedules to sit in session with a co-mediator and practice their passion, to the benefit of our whole community.  If their volunteer time is valued at even half of market rate (since there are two mediators in each CMC mediation, rather than the solo mediator who would get paid to do a privately contracted mediation), they give over $500,000 of value to our community in the course of performing volunteer mediations in General Sessions Court, Juvenile Court, and various community-referred mediation.  WOW!  An even bigger "wow" when you think about there being a dozen community mediation programs in Tennessee. 

Granted, the cases mediated by CMC volunteers are not, by and large, on behalf of the clientele who could or would pay market rate for mediation.  Many times, the clients who come into our office don't even know what mediation is.  "Meditation Center?", they'll guess.  (Every so often, someone calls wanting to know if this is the "medication center."  I can only think compassionate but subversive thoughts, and redirect them.)   Nonetheless, if a monetary value can ever attach to something as priceless as mediation, our volunteers' time and energy are worth every penny they contribute! 

Recent developments regarding the Knox County Budget have resulted in a line-item for the CMC for the first time in our 14 year existence.  We owe thanks to all the county commissioners, Mayor Ragsdale's office, and most of all to the leadership and vision of our Knox County Juvenile Judge, Tim Irwin. 

    

 

hank you, Knox County!
 The County Mayor recommended and the Commissioners recently approved a budget line-item for the CMC for the first time in our 14 year existence.  We owe thanks to all the county commissioners, Mayor Ragsdale's office, and most of all to the leadership and vision of our Knox County Juvenile Judge, the Honorable Tim Irwin. 

 
 

 


  • ay Nothing For Peace

    by Richard Cohen


    • [This is from a peer mediation journal online at www.schoolmediation.com.  As you might guess, even if you've never seen students engage in peer mediation, the principles are the same, the steps are the same, and the only difference is usually that the kinds of disputes have to do with things grown-ups don't think they are stressed about any longer:  boyfriends and girlfriends and best friends, grades, humiliation and teasing, petty meanness, cliques---Hey, wait a minute!  That all sounds sort of familiar to mediators!---JK) 

    Have you ever observed mediators say something counterproductive, something that makes it more difficult for parties to resolve their conflict?

    Perhaps they ask an unhelpful question, or restate something in an inflammatory way, or inadvertently give their opinion.

    Sometimes, however, the problem is not what the mediators have said.

    It is that they have said anything at all.

    Often the most powerful intervention a mediator can make is to sit attentively and say nothing.

    Picture this: It is 20 minutes into a peer mediation session. The mediators have said their opening statement, and the two 14-year-old parties, Gladys and Eva, have each presented their initial stories.

    Although the girls have not addressed each other directly (except to disagree or roll their eyes), the angry tenor of the conversation has subsided. The atmosphere somehow feels softer. There is more space between sentences.

    Then Gladys says in reference to Eva: " I never really understood why she stopped talking to me..."

    A pause.

    The opportunity for the Eva to respond directly to Gladys hangs in the room like a ripe fruit.

    What should the mediators say?

    Absolutely nothing, of course!

    Too often, however, inexperienced mediators squander such opportunities, filling silences that might be more constructively filled by the parties.

    Mediating is just as much about knowing when to keep one's mouth shut, as it is about knowing when--and how--to talk.

    Beginning mediators focus primarily on the latter, "talking" part, in particular on how to frame relevant and timely questions that move the process forward, and that are free of perceived bias.

    This is no surprise. It is hard for most of us to "talk like a mediator," and it requires practice.

    Inexperienced mediators also tend to feel like any "dead air" during a session is a sign of their incompetence. As a result, they sometimes speak to assuage their own anxiety as much as to help the parties.

    Certainly there are times when saying nothing will decrease parties' trust in the mediators and in the process, and thereby reduce the likelihood that they will take the risks necessary to make peace.

    And undeniably, parties' willingness to engage directly with one another often results, at least in part, from what mediators do say: the welcoming remarks that put them at ease; the open-ended questions that uncover significant yet unexpressed concerns; the paraphrasing that enables one party to appreciate the other's perspective.

    Still, one of the most useful things mediators can do is to bite their tongues and let the parties do the talking.

    When the time is right, the best mediators say nothing.

     

     

                                          

    Thanks & Gratitude to:

         The Aslan          Foundation

    for their generous donation to support our programs!

     

     
     

     

     

    Blog World

    Items this month from some of our favorite blogs:

    Both of these articles are from the Moritz College of Law at Ohio State University Online Journal
    :: Matching Cases and Dispute Resolution Procedures: Detailed Analysis Leading to a Mediation-Centered Approach

    :: This Land is Our Land: Proposing a Mediative Model for Public-Private Land Use Disputes

    Harvard Negotiation Insight Initiative Webcasts

    From one of our favorite and routinely interesting blogs written by an New Zealand mediator, Geoffrey Sharp, an article  about lawyers preferring mediation above all other DR options:         "The U.S.-based attorneys that we surveyed overwhelmingly embrace mediation as the most powerful method to resolve complex business disputes outside of court, citing “cost savings” and “speed” as the primary reasons for their preference. Law firm respondents were more concerned about the risks of confidentiality and that mediation would convey weakness than were corporate lawyers.
           "Surprisingly, a major hallmark of mediation, that it alone provides the ability to maintain and improve relationships despite a dispute, scored low in importance for corporate counsel."

    Thanks to the blog, Mediation Mindset, for a link to an international law firm site and their primer on Dispute Resolution Around the World.

    Humans may be "hardwired" for  altruistic behavior (from the Washington Post)

    Here is a collection of great mediation links put together by The Mediation Group, a private practice group of superb mediators across the state, headquartered in Nashville.

     
     


    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

     
     


    L    egal 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.) 

    ------------------------------------------------------------
     sequester

    As the word "sequester" relates to juries, it means to isolate the jurors to prevent tampering and exposure to publicity.-- Black's Law Dictionary


    "Judge, please sequester these twelve angry men!"

    Here is an interesting link for non-attorneys (and even for attorneys who don't practice a lot in Federal Court):  A Journalist's Guide to Federal Court The site explains practices thoroughly---you can tell that this resource was put together by savvy personnel at Federal Court who want to be informative to members of the public without having to repeat themselves all the time!  There's also a good glossary of terms.
     
     

     

     


    Legislative changes affecting divorce & parenting mediation in Tennessee

    From Tennessee Bar Association:
    Divorcing or separating couples will now be required to attempt mediation:  Changes in Chancery Court Effective July 1, 2007

    The Tennessee Legislature has amended the Tennessee divorce statues in a couple of important ways that members of the domestic law bar need to be aware of. First, while it has for some time been the case that a divorce sought on the grounds of Irreconcilable Differences must be on file for 60 days (where no minor children are involved) and 90 days (where there are minor children), these waiting periods did not apply to divorces sought on other grounds. Beginning July 1, 2007, the 60 and 90 day waiting periods shall apply to all petitions for divorce sought for grounds listed at TCA §36-4-101 as well. Please advise your clients accordingly.

    Secondly, the Legislature has decided to require mediation in most domestic cases. TCA §36-4-131 has been amended to require the court to order mediation to be completed and a mediator's report filed with the court within 180 days of the filing of any proceeding for divorce or separate maintenance. The requirement for mediation may be waived for those reasons listed at TCA §36-6-409(4), and the time limits may be extended by the court upon petition of the parties.

    Because the statute requires that the court order this mediation, Chancery Court for Knox County wishes to announce that beginning July 1, 2007, all new leading process for divorce or separate maintenance must include an Order requiring that the parties complete a mediation within 180 days of the filing of the petition. The Chancellors will sign these orders, and they will be served along with the other leading process.

    If you have any questions, please contact Chancellor Mike Moyers at 215-2448, Chancellor Daryl Fansler at 215-2560 or Chancellor John Weaver at 215-2561.
     

     
     


     

     Mediation Toolbox

     

     

     Harvard Negotiation Newsletter article:  Turn Your Adversary into Your Advocate Collaborative techniques in the June 2007 newsletter.

    This case  will help you more fully understand the "dependency dilemma" for child welfare agencies---how to protect best interests of the child and respect the due process rights of the natural parent.  Studies have shown that mediation by well-trained mediators helps tremendously if done within 100 days of the child being removed.   Mediation helps the agency and the parents have a complete understanding of what everyone involved needs to do to give the child permanency, and cuts down on the time the child spends "in limbo" and out of permanency.   Thanks to the AOC website for the link to this instructive worst-case case:
    In Re Adoption of A. M. H.
    W2004-01225-SC-R11-PT
    Shelby County   View  This case concerns the termination of parental rights. The appellants, who are the parents, seek reversal of the termination of their parental rights to the care and custody of their daughter, A.M.H. The trial court predicated the termination on the ground that the parents abandoned A.M.H. by willfully failing to visit her for four months. First, we hold that the statute of repose under section 36-1-113(q) of the Tennessee Code Annotated does not deprive this Court of jurisdiction to review the termination of parental rights. Second, because the undisputed evidence shows that there was animosity between the parties and that the parents were actively pursuing custody of A.M.H. through legal proceedings during the four-month period immediately preceding the filing of the petition for termination of parental rights, we hold that the trial court erred in finding a willful failure to visit. Finally, we conclude that the parents’ consent to transfer custody and guardianship of A.M.H. to the appellees was not made with knowledge of the consequences of the transfer. Therefore, according the parents those superior rights to the custody of their child that constitutional law mandates, only a showing of substantial harm that threatens the child’s welfare may deprive the parents of the care and custody of A.M.H. Although A.M.H. has now been with the appellees for more than seven years, six of those years elapsed after the parents’ first unsuccessful legal filing to regain custody. Evidence that A.M.H. will be harmed from a change in custody because she has lived and bonded with the Bakers during the pendency of the litigation does not constitute the substantial harm required to prevent the parents from regaining custody. For the reasons discussed below, the judgment of the Court of Appeals is reversed, and this case is remanded to the chancery court to be expeditiously transferred to the Juvenile Court of Shelby County for the entry of an order that implements a plan to reunite A.M.H. with her natural parents.

    Earthquake in Zipland An online interactive game for kids of divorcing or separating families.

    IF YOU HAVE TEXT MESSAGING...
    Two cell phone tips (for mediators and their friends):

    I was forced to get text messaging this year to accommodate my son, Conrad.  Those of you with teens will know what I mean.  Happily, I've learned about these tips recently and have tried them out myself.

    1.  To avoid costly ($1.50 each) 411 calls on your cell phone, just text a message to GOOGL (46645).   The text message should simply be the name of the person/business and the city and state.  So to find out the number for CMC, you would text "community mediation center, knoxville, tn" and hit send.  You'll get a text message back very quickly with your number.  I have used this service and like it more than the free 411 call-in number (1-800-FREE411) which makes you listen to ads before getting your info, and the numbers it does give out are not, in my experience, consistently accurate.

    2.  To turn your phone into a "blackberry" without any more expense (other than the inherent costs of text messaging), sign up for a free service at www.teleflip.com  I heard of this site in 2006 and used it for sending an email to my kids via their cellphone number.  In other words, I emailed them from my computer to "area code + cell phone number@teleflip.com" and they would get a text message on their cell phone.  NOW, the service has matured, and you can input select emails and those emails will come to your own cell phone as text messages, up to 120 words per message.  You can also turn the service on and off at the Teleflip.com  website, so that you don't have to get the emails unless you will be away from your computer.  I can see a lot of benefit to this, possibly!  At least as much benefit as a blackberry!  I haven't yet sent email to my phone, so I can't vouch for it. 
    And, a reminder...its almost real blackberry time in Tennessee!
     

    We will remind you from time to time about the Nonviolent Communication resources available in our are, and online.  Here  is an hour long mp3 file of an interview with Dr. Marshall Rosenberg, the originator of the technique.  This is a way of communicating (and thinking) which is very helpful in mediation sessions, both family and civil.  Please take some time and "expose" yourself to this philosophy and skill.

     

     
     

     

    Nonviolence means avoiding not only external physical violence but also internal violence of spirit. You not only refuse to shoot a man, but you refuse to hate him.
    -Martin Luther King, Jr.,
    civil-rights leader (1929-1968)