As we tell our clients, "Looking back is
necessary before we can look forward with the proper perspective..."
We can gain a lot of wisdom from reviewing
what CMC has done already. Because it is a 13 year old volunteer organization,
and because volunteers and staff come and go, we must not lose our history when we lose touch with people. To reframe
an old adage, we don't need to re-invent the wheel but we do need to
re-imagine the wheel.
Below, click on the year you want to visit
and take a trip back into the CMC archives...and get some new ideas!
2000
12/00
Volunteer of the Month, The Last of the
20th Century
Sharon Murphree, one of the Community Mediation Center’s founders is our
volunteer to recognize as we enter the 21st century. Sharon signed the
formal request for non-profit status filed on June 29, 1994, along with
Bob Swan and Grayfred Gray. She remains active on the Board since its
inception and has held many positions including Board Chair. We
recognize Sharon for her early vision, her ongoing commitment to CMC,
and her willingness to serve as requested. One way to assess an
organization is its continuously committed individuals. Thank you for
staying true throughout, Sharon Murphree!
Statistics on Our 2000 Mediations –Knox County Juvenile Court
Juvenile Court reflected the largest referral growth during 2000. CMC
received 140 cases concerning juveniles and 100 referrals from Child
Support, for a total of 240. In comparison, we received 163 total in
1999 and 111 in 1998. Volunteers mediated 500+ hours during the year,
not counting numerous evenings when clients did not attend their
scheduled mediation. Parties participating in mediation reached
agreement in 83% of juvenile referrals. Of those parties participating
in mediation, 71% of parents sought to create a parenting plan. With the
increased number of juvenile referrals, CMC began 2001 with 35 ongoing
or unscheduled referrals. (Other programs will be featured next month.)
Good Press for CMC in Blount County:
Through the efforts of Rob Williamson and Bob DeRycke, CMC had a
front-page story on the renovation of our Blount County office. The
article featured a picture of Judge Terry Denton, who provided most of
the carpentry work. The new "rent-free" offices offer a more appropriate
space for the mediation process. Enthusiastic volunteers have committed
to a "paint party" on Feb. 2nd.A second CMC article provided an overview
of the new parenting legislation and the related requirements for
mediation. The January 21st article in Blount County’s The Daily Times
is entitled "Law makes divorcing parents plan home life." Both Lisa
Givonetti and Rob Williamson were quoted extensively in the article. A
companion article to the parenting plan article features Emily Woods, a
CMC Blount County Advisory Board member. Her complementary article
highlights "Classes (that) help ease stress for children." Copies of the
articles may be obtained in the Knox and Blount County offices.
<back
2001
4/01
Volunteer of the Month: Marcy Mendahl
Marcy began mediating with CMC in the summer of 1999 in General Sessions
court. After 18 months of mediating in sessions, she made the transition
to Juvenile Ct. programs. Marcy is recognized in our office for being
the quickest mediator of all time to respond to pages and return phone
calls. She works to give excellent feedback from each one of her
mediations. We appreciate Marcy’s continued interest and commitment to
CMC.
Moses Center is Open for Mediation
Marcia Meldahl was quick to call CMC after her first mediation at the
Moses Center, "I really like the facility, especially the library. It
makes an excellent place for mediation." The facility has received
continuous positive feedback. Karen and John Doggette initiated the
evening sessions held at the Moses Center (Boys and Girls Club)
beginning October. These sessions are held in the Police Academy wing of
the center on Carrick Avenue. After working out early kinks, regularly
scheduled mediations will continue at the center.
CMC Announcements:
Waltzing down the isle . . .
Lisa Givonetti and Robert Waltz were married on April 28, 2001.
They met through their affiliation with CMC. Lisa even interviewed him
for the job (of mediator, of course). The newlyweds enjoyed sailing
cruise following the nuptials. Mrs. Givonetti-Waltz returns to the
office on May 8, 2001.
Happy Anniversary!
The CMC family wishes to congratulate Asst. Director, Sharon Upshaw, for
her 5 years of devoted service. She is loved and appreciated for all of
her hard work!
Congrats Natalie!
Natalie LaVasseur has just passed the bar! Natalie has been mediating
with CMC this year while studying for the bar exam. We celebrate your
success and will be looking for your new business cards in the mail!
7/01
"Take me out to the ball game…" Baseball
With Mediators on August 5:
CMC has an almost regular summer outing to see the Smokies play
baseball. The event is scheduled for Sunday, August 5 with the beginning
at 5:00 p.m. If you are interested in attending, please inform the staff
by phone or e-mail. We will hopefully have enough attendees to purchase
a block of tickets. Notice to "first- timers, " this is practical fun… a
team of CMC volunteers will mediate the balls and strikes! Bring your
family and friends to meet and greet your fellow mediators!
And the Award goes to CMC Mediator...
David Perlman, a ‘96 graduate of CMC volunteer mediation, is the winner!
Some of you may remember David as a General Sessions mediator from
’96-‘98. His essay has been selected as this year’s winner of the James
Boskey Memorial Essay Contest. This award is given through the American
Bar Association’s section on Dispute Resolution. As part of David’s
graduate dissertation, he authored a chapter entitled "Mediation and
Ethics Consultation: Towards a New Understanding of Impartiality.‘ David
will receive a cash award and plaque at this fall’s Association for
Conflict Resolution Conference in Toronto.
9/01
Third Annual Mediation Day – Ten Years of
Progress
Community Mediation Center and the University of Tennessee College of
Law are proud to co-host the Third Annual Mediation Day:
The Foundry on the Fair RestaurantWorld’s Fair Park11:45 AM – 1:15 PM.
Mediation Day serves to recognize the working partnerships that support
and provide mediation. Beginning in 1999, Mediation Day has honored
those who give their time and effort to further the mission of the
Community Mediation Center. The focus of Mediation Day over the past
three years has reflected the ever-changing voice of mediation.
CMC’s inaugural Mediation Day recognized the foundations of mediation in
Knoxville—the CMC and its volunteers, the Judges who supported and
helped develop mediation programs, and the UT School of Law Mediation
Clinic, which taught upcoming lawyers about mediation. Last year’s
Mediation Day focused on raising the community’s awareness regarding
mediation. This year’s Mediation Day recognizes how mediation has
progressed over the past decade, including contributions of volunteers,
community agencies, and partnerships as part of CMC’s growth within our
community.
Mediation Day spotlights the following supporters CMC:
Grayfred Gray, Esq. Associate Professor Emeritus U. T. College of Law
Our specific honoree for this year is Grayfred Gray who through the CMC
and the Mediation Clinic has been instrumental in the progression of
mediation in our community over the last ten years. Grayfred has had
many roles within the mediation community by moving from Director of the
Community Mediation Center to the founder of the Mediation Clinic at the
University of Tennessee College of Law.
Richard Kessler, Esq. Programs Manager, Administrative Office of the
CourtsRichard is the manager of the groundbreaking Parenting Plan
Program in Tennessee, as well as the Victim-Offender Referral Programs
of Tennessee. In this role, he oversees several community-based
mediation centers that provide juvenile and adult mediation services,
and court-sponsored Parenting Programs that provide mediation for
divorcing parents to assist in planning for their children.
This year’s Masters of Ceremonies-Thomas Galligan, Dean, University of
Tennessee – Knoxville College of Law and John Doggette, Ed.D., Executive
Director, Community Mediation Center
10/01
Jefferson County Update:
"Jefferson County Update," you ask? Yes, it’s true! CMC has now expanded
operations to the Jefferson County community. Jim Davis is working very
hard to begin mediations in the Jefferson Juvenile Court, as well as
establish Peer Mediation sites in the Jefferson County Schools. Jim has
already recruited two trained mediators to work in the Jefferson County
area. Way to go!
Our Resident Funny Guy... Jim Johnson
Jim won the Mediation Day Joke Contest. He’ll be getting a free lunch
form CMC.
Here’s some samples:
- A mediator died and went to hell. The devil met him at the entrance
and assigned the mediator the eternal task of helping customers decide,
"Paper or Plastic?"
- Mediators really don’t know how to change a light bulb. But sometimes,
it takes two co-mediators to get the clients to "see" the light. HA ha
HA ha HA HA HA ha HA!
<back
2002
1/02
More Tools for Mediators:
John just completed four weeknights of soup and continuing education for
31 mediators who conduct juvenile and co-parenting mediations. The
sessions were focused on providing more tools to the kits of our
mediators. From the weekly sharing staff we were able to identify
several improvements and helps for our volunteers as well as a listing
of possible new tools.
Jefferson County News
The Jefferson County CMC held a kickoff meeting on Monday, February 4th
at Jefferson County High School. Those attending included Judge Ben
Strand of the Jefferson County Juvenile and Sessions Court, as well as
representatives of the Jefferson County Commission, the Jefferson County
School Board, the Retired Teachers Association, the Jefferson County
Sheriff’s Department, Carson-Newman College, and other interested
citizens. The meeting has also resulted in a great deal of interest in
CMC in Jefferson County. This included a speaking engagement with the
Kiwanis Club, a radio interview on WJFC in Jefferson City, the beginning
of a referral relationship with the Jefferson County Sheriff’s
Department, as well as a strengthened relationship with the Jefferson
County Juvenile Court. In addition, Carson-Newman College has agreed to
let CMC conduct mediations in vacant classrooms. Also, several people
have shown interest in becoming volunteer mediators and/or being
involved in other ways.
As of the end of February, we have had two successful mediations and we
have four more referrals going into March.
New Initiatives
The CMC is supporting Tennessee’s Community Assistance Corporation (TCAC)
in providing conflict resolution training and assistance to resident
councils in ten housing authorities in East Tennessee. Staff will assist
in training and assisting the councils of residents to develop
neighborhood programs. Our volunteers will be asked to assist in
role-plays and early mediations to prepare the residents. TCAC has
received a three year grant from the Housing and Urban Development to
assist the selected resident councils. Mediation of land-use disputes
has been the focus of both a front-page article and an editorial in the
Knoxville News-Sentinel over the last month. The CMC is in conversations
with the Metropolitan Planning Commission and many other interested
parties over possibly being the "neutral" organization to receive
referrals and provide mediators. Nationally we have found very little
precedence for referrals to mediation beginning in the dispute rather
after the appeal. Lisa has already taken one short course at the Lincoln
Institute in land-use disputes and a second is scheduled for April to be
attended by John and Lisa.
2/02
Training of Volunteers
The CMC will began its 13th class of volunteer training on April 11. The
number of applications, 55 and counting, far exceeded the
24-membercapacity of the class. The selection committee had a most
difficult time matching the interests of the qualified candidates with
the time requirements of the county courts they will serve. CMC
currently has a strong base of qualified mediators in Knox County and
selection concentrated on strengthening the volunteer base in Blount and
Jefferson Counties. Our thanks to Karen Doggette for her overall
coordination of the interviewing process and to the many volunteers who
gave of their Sunday afternoon to co-interview the many candidates.
Tennessee Valley Authority Contribution
CMC received a $1500 contribution from TVA for its work in volunteer
mediation. Vyrone Cravanas, a CMC Board member and TVA employee, stated
the contribution supported TVA’s mission of being a good community
citizen. The six TVA employees, who also mediate for CMC, further
demonstrate in donated hours their commitment to the mission of CMC. Our
thanks to our volunteers from TVA for their many contributions.
4/02
Julia and Jim Malia: Volunteers of the Month
Long overdue as CMC volunteers for the month are Julia and Jim Malia.
Both were involved in the creation of CMC, the evaluation of early
applicants, the support of committees and Board activities and the
mediation of divorces. The two University of Tennessee professors
provide CMC with their current schedule of availability for evening
mediations. They fit CMC’s criteria for being "good folks," as well as
caring and very competent mediators. CMC is honored to have their
expertise and long-standing commitment to volunteer mediation. Thank you
Jim and Julia.
Increased Use of Observers and
Mentors
One of the concerns raised about volunteer mediation centers and
mediators in general is the lack of the opportunity to validate
mediation skills. The CMC will be actively establishing three-member
teams for pre-scheduled mediators. CMC’s goal for the coming year is to
enhance the skills and abilities of our current mediators. Less
experienced mediators will be given the opportunity to observe and
provide constructive feedback to more seasoned mediators. In turn
seasoned mediators and CMC staff will be asked to mentor selected teams
through observation and de-briefing.
5/02
Five Years As an Executive Director and
President
In the middle of May I [John Doggette] successfully completed my
fifth year as director of the Community Mediation Center as well as the
beginning of my sixth. Because mediation is future forward I will
reframe my reflections as "issues for the future." Those who know about
our CMC mediation philosophy know that in the beginning it is "All About
Me."
First, I have gained great competence in operating a mediation center,
in working with clients and in mediating a great variety of cases
involving a real variety of individuals. CMC has received nearly 2000
referrals during my tenure, and completed over 1300 agreements.
Second, I have been fortunate to have worked along side Sharon Upshaw
and Lisa Givonetti (four years) as a family-run business. We have
learned and developed CMC together. The curiosity of the three of us in
preparing the clients and problem-solving unusual issues has enabled
many parties to become empowered to mediate. The lawyer and paralegal
staff have educated and nurtured me until I know how to find protocol,
procedural and legal answers.
Third, with the recognition of how much I’ve learned comes the
recognition is that I must really have been unprepared when I began.
Fourth, to recast a real estate term – the key to success for a
not-for-profit mediation center is volunteers, volunteers, volunteers.
CMC has a wonderful group of mediators from throughout the communities
we serve. Thirteen classes of mediators have been trained, nine during
my five years of service. In 1998 CMC staff coined two terms in talking
about our mediators, partially based on Tennessee Rule 31 mediators
being called as "professional." Since our veteran volunteers definitely
weren’t "non-professional" established them as "seasoned." Our volunteer
family of mediators soon became our "flock." Our individual mediators
are "good people" dedicated mediators and otherwise very dissimilar.
Fifth, CMC has gained the trust of the individual employees: judges,
educators, court staff, prosecutors, law enforcement officers, local
governments, social agencies and peer mediation centers across the
state. The employees refer cases to mediation with the recognition that
our staff and volunteers will make every effort to provide the parties
with a process to enable them to resolve their issues through
constructive conversation.
Finally, I continue to feel fortunate in my second career to have the
opportunity to help create a very viable volunteer mediation center
surrounded by great staff and volunteers. At times I would cherish a
quiet day. However with four locations staffed by only five staff plus
VISTAs and an occasional intern, CMC has passed being a tranquil
environment. I sincerely thank all the wonderful folks associated with
helping to make CMC a success.
Volunteers of The Month (VoM)
In August 1997 CMC instituted the volunteer of the month with the
selection of Dale Robinson as the first person recognized. When CMC
failed to select a volunteer for the second month Dale asked for the
honor to be spread around. Since then 45 volunteers have been recognized
as our first two CMC plaques of names have been nearly filled. Most
selected volunteers have acknowledged their pleasure in having been
recognized. As one told us " CMC has great mediators and to be
considered to be in their company is truly an honor." CMC recently
replaced the VoM "Save the Children" mug for one volunteer for his old
one that was chipped and had a broken handle.
The breakdown of individuals selected as volunteers illustrates the
breadth of our volunteer spirit. CMC has selected five Board members as
VoMs; seven VISTAs or college interns; and 33 mediators. Of the
mediators selected over the last five years 29 continue to volunteer
regularly; two have moved; one stopped for health reasons and one died.
8/02
Effective Control of the Process is the
Basis for the Mediators’ Power Volunteer Continuing Education
CMC realizes the dilemma of volunteers being both very busy and
interested in learning more about mediation techniques that might
enhance their skills. Each Neutral Zone will feature monthly a
continuing education article. Staff welcome your comments.
Co-mediators, starting with the first step of explaining the mediation
process, demonstrate through their actions that their competency. As the
parties accept that neutral mediators are hearing them they will allow
the mediators to manage the process. The following list is to remind
volunteer mediators of the numerous ways to control the mediation
process:
- Modeling as a team the co-mediation process
- Explaining the ground rules for the mediation
- Enforcing the ground rules equally
- Choosing the topics through the questions asked
- Deciding who may speak
- Controlling the time a person may speak
- Allowing a person to respond and to be heard
- Formulating, reframing and restating what has been said
- Referring to the Six Steps to explain to the parties where they are in
the process
- Drafting a neutral problem-statement
- Capturing on "the wall" the alternative solutions and writing them in
neutral words
- Drafting the agreement in the words of the parties
- Demonstrating a thorough understanding of the mediation process,
including the disposition of the case
- Providing the parties with answers to "what happens next" including if
necessary that they call the CMC staff.
- Ensuring the parties leave safely with appropriate documents.
Reread the list and circle those that you do well in managing the
mediation process.
General Sessions Court Blount County
Volunteer mediators began this summer to receive referrals from both
judges of Blount County General Sessions Court. Teams of volunteers are
able to attend court, receive referrals and take parties to a nearby
conference room to conduct the mediation. The volunteers have found the
General Sessions manual to be an invaluable resource in ensuring court
requirements are followed from referral to disposition. Robin Davis-Lay
is seeking additional mediators for different time slots at the Court.
For further information call her at 977-5454.
9/02
Nail Down Each Agreement Immediately
Guest column contributed by Dick Zivi
Many times mediators don’t get the parties to
sign off on things that they have agreed to as soon as they agree. Don’t wait
until they have all parts wrapped up in a neat package. You might start a new
poster sheet with the words "Issues We Have Agreed On" as the heading.
Write down exactly what they say they have agreed on. Read it back to them and
have them acknowledge that that is what they stated. Congratulate them and put a
check by that point. Do not write anything else under that until they have
another point that they agreed on and repeat the process. The poster agreement
can initiate a "snowball" effect. Once they see thee ball rolling they
may be more inclined to keep it going until it has gathered all the issues and
the mediation is complete. If the mediation is scheduled for another session
have them to sign the poster sheet. It may also be beneficial and necessary to
write up an interim agreement, which includes all the agreements from the
poster. The process will make the participants aware they are actually
accomplishing something and will make a final resolution easier for everyone. To
mix metaphors – nail down that snowball agreement on the poster sheet before
it has a chance to melt away.
The Coat of Many Celebrations
When Judith Toole, a participant in our last training, agreed to be the
seamstress who will create a coat of many colors, an exciting new CMC
project was begun. She and John estimated that approximately 60-75
swatches of cloth will be needed to develop the CMC coat that will
commemorate the many accomplishments of the Center over the last decade.
CMC has contacted many past and present contributors to the success of
CMC including one representative for each of CMC’s17 training classes.
Karen Doggette has painted a watercolor of our future coat that will
become the greeting card for CMC. The "Coat of Many Accomplishments"
will be used in all future celebrations involving our Center and its
family members. We hope all the readership will have the opportunity to
try on the coat and to appreciate your contributions to CMC.
10/02
Continuing Education
By Lisa Givonetti
While Sessions Court was closed on October 14 & 15 for a judicial
conference, CMC provided a two-hour continuing education program for 10
Knox County General Sessions Court mediators. This is part of our
continuing effort to be more accessible to mediators, to provide
opportunities for mediators and staff to improve skills, and to discuss
issues and questions that frequently come up in mediation.
Topics included review of the 6-step model and how it is applied in
General Sessions mediations, as well as an exercise in listening skills.
In General Sessions Court there is a myth that there are no
relationships or "feelings issues." Any G.S. mediator will tell you, it
really is a myth! These issues are always important in mediation, so we
must always be vigilant listeners.
The class also focused on many legal issues, such as the continuing
debate over whether or not mediators may educate parties about the law,
or what to do if there is an insurance company involved in a General
Sessions Case. For more information on legal questions in mediation,
feel free to contact your CMC staff.
These types of informal training sessions will be held on a quarterly
basis from now on, in both General Sessions and Juvenile Court and we
hope to see more and more mediators involved!
A New Tool for Your "Mediator’s Toolbox"
By Jim Davis
I’d like to introduce a problem-solving tool that I learned about
several years ago. It was developed by Eli Goldratt (It’s Not Luck,
1994) for use in solving business problems, but it works with all types
of complex problems. We all have experienced the situation in which the
problem as stated by the disputants turns out not to be the basic
problem. Sometimes it is necessary to mediate that problem just to take
care of the immediate situation, but the problem often reoccurs if the
underlying problem is not addressed.
Try this simple technique during step 3 (Identify the Problem) when the
situation appears too complex to easily identify the problem. Use
brainstorming to get the parties to list all the different problems
between them, even if they don’t seem to apply to the situation that
brought them to mediation. (It helps to put each item listed on separate
"post-it notes" so they can be moved around. CMC will provide them on
request.)
After listing as many as possible, discuss them and identify
relationships between the various problems. One of the most effective
ways to do this is to take each problem and find other problems that
"cause" it. Then arrange the pieces of paper with arrows from one to
another so that each problem points toward its "cause." It’s not
uncommon to have more than one arrow pointing from or to any particular
problem.
When you are done, you will most likely have at least one "core problem"
that everything points to but that doesn’t point to anything else.
Often, when the core problems are resolved, most of the other problems
"go away."
Once you have identified the "core problem" (or problems) it us much
more likely that you will be able to develop an accurate problem
statement. And, that makes a successful mediation much more likely.
12/02
CMC Assists Tellico Village In
Establishing Mediation Program
One of CMC’s goals for some time has been the recognition of our value
as consultants to other organizations, businesses, etc., in the area of
conflict resolution. We have recently made a major step toward the
realization of that goal.
Several months ago representatives of the Tellico Village Property
Owners Association (POA) approached John Doggette about the possibility
of CMC assisting them in establishing a mediation program for the POA.
This program would utilize volunteer mediators selected from Tellico
Village residents for the purpose of settling disputes between property
owners, as well as resolving disagreements between property owners and
the POA. After several preliminary meetings, the first major step
occurred in December when CMC assisted the POA in interviewing and
selecting the first six Tellico Village volunteer mediators.
All the potential mediators met at the Tellico Village Community Church
on December 6 for an orientation to mediation presented by CMC. Then
each candidate was interviewed by a team composed of one CMC volunteer
and one Tellico Village member using a standard interview form developed
by CMC. Six of the candidates were selected by the POA Board to receive
on-site training, which CMC will provide in late January. CMC
interviewers included Jim Davis, Bud Muly, Dick Zivi, Lynn Kidd, John
Doggette, and Lisa Givonetti.
This is a major milestone for both Tellico Village and CMC. We will
bring you highlights of continuing developments as they progress.
Mediation Tools: Being Aware When Only One
Party is in Conflict
by John Doggette
Recently I heard a noted mediator speak on the risks of overworking to
balance the table when it seems that only one of the parties is in
conflict. CMC has many such clients, particularly in the areas dealing
with parenting of children.
If as a mediator you perceive a one-sided parenting conflict you may
want to separately assess your hunch with your co-mediator. By the time
you begin to formulate the problem statement the co-mediators should be
able to determine that one of the parents seems to be healthy.
Indications of health would be 1) a focus on the interests of the child
and not the self; 2) "future forward" thinking; 3) not becoming angry
and drawn into reliving the "wrongs" of the past; and 4) the mediators’
assessment of where each parent is at present.
Mediated parenting agreements almost always include concessions. The
co-mediators should be aware that "table balancing" techniques could
result in making the healthy parent the victim. The "healthy parent" is
usually the easiest to communicate with and therefore could be expected
to be the first to "yield concessions for the best interest of your
child." The parent in conflict has no reason to change the negative
strategy because, for them, it is a winning one. The mediators may
unintentionally present the healthy parent with one of two options:
either roll over again or take a parallel negative and usually
unproductive tact.
Co-mediators at an appropriate time might want to use separate sessions
to directly ask the negative parent questions such as, "how many more
years to you plan to carry this pain / anger / unhappiness?" or "How do
you believe your anger toward (other parent) is beneficial for your
child."
If a second session is scheduled the co-mediators may want to request
each parent to come back with examples of what a positive relationship
would be between the parents in raising their child. The co-mediators
can have the parents test their common interests in having a "positive
relationship" for the benefit of their child at subsequent sessions. In
step 5 when alternative solutions presented by both parents are
individually assessed one of the criteria can be "does it improve future
parental relationships?"
Mediators are taught to do no harm. Use your mediation tools wisely when
confronted with one positive and one negative client.
Training Class for Parenting Mediators
Is a Success
A class in advanced mediation skills for parenting mediators was held at
Juvenile Court Building on Thursday, December 15. CMC promised those
attending that they would leave with at least five new tools that would
help them become more effective mediators. They were not disappointed.
Julian Wick introduced helpful information, based on neuro-linguistic
programming, of visual cues mediators can use during a mediation to
enhance our communication with clients. Julian told us that people
commonly act in a certain manner when involved in particular thought
processes. For example, he pointed out that when a person is trying to
remember a fact or a situation, they normally "look" upward and to the
left. On the other hand, when they are trying to formulate a response,
they usually look upward and to the right.
Julian also reviewed with us the five "representational systems" that
people use as a part of their awareness and thought processes. These are
visual, auditory, taste, smell, and kinesthetic. Different people have
different primary systems. For example, one person might tend to respond
to a comment with "I see what you mean," while another might say "I hear
what you’re saying." Rather than just being different ways of saying the
same thing, Julian pointed out that these responses can give us clues as
to the way people process information on a regular basis and how
misunderstandings occur, even when neither party is trying to be
deceptive or difficult. We as mediators need to be sensitive to these
clues as we try to help clients communicate more effectively.
After Julian’s presentation, volunteers reviewed the new parenting plan
form, and John led the group in a discussion of ways to make ourselves
better mediators.
The class attendees included the following: Ennica Street, Van Brabson,
Donna Wilson-Renner, Denise Viator, Yvonne Webb, Karen Doggette, Kathy
Theis, Ron Hopper, Dick Zivi, Marsha Hupfel, Dave Rupert, Judie Watson,
Mary Jendrek, Julian Wick, Susy Hayden, Kathleen Thomforde, and Jim
Davis.
<back
2003
2/03
Volunteer of the Month
Kathy Theis is another most deserving volunteer mediator. During 2002
she mediated the second highest number of sessions of all our evening
mediators. Included in the 25 different mediations were several
occasions where she "filled in" at the last minute. The CMC staff
appreciate her cooperative spirit, complimentary nature with her many
co-mediators, and her commitment to the empowerment model. We’re sure
that Kathy will tell you the parties referred have been diverse and
challenging. CMC is pleased that we have had such qualified mediators as
Kathy to co-mediate the disputes.
Thank you Kathy.
VOMA Conference to be held in TN
It has been announced that the annual international VOMA (Victim
Offender Mediation Association) Conference will be held in Nashville on
November 2-5, 2003. Although the event is run by the VOMA organization,
the mediation centers of Tennessee will be co-hosting the conference.
There will also be a one-day training planned for November 1, which will
be organized and hosted by the mediation centers. This training will be
specifically designed for boards, staff, and volunteers of mediation
centers. Both the one-day event and the conference will provide
opportunities for mediators to network with other mediators and to learn
about different places and situations in which mediation is being used
around the country.
CMC, along with our peers, will be supporting these events. Volunteers
will be needed to help register attendees, organize materials, and
compete other logistics for the conferences. CMC encourages all our
board members and volunteers to take part, either in working at the
events, attending, or both. Please contact Lisa for more information.
Mediation to be Used for Criminal Cases
The CMC staff participated with Assistant District Attorney Del Holley
and six of his Knox County District Attorney colleagues in a roundtable
discussion on the use of mediation for appropriate criminal cases. Del,
who serves as the CMC Board liaison from the KCDA scheduled the meeting
to allow CMC to explain its mediation process. Following the overview by
Sharon, John and Lisa the conversation focused on additional ways for
referrals to be made during the "life-cycle" of the case. Sharon and
Lisa agreed to draft, with the assistance of Del and Bob Swan, a process
for CMC to receive and complete criminal mediations. When the procedure
is complete staff will then provide training in the late Spring to
include role plays to interested volunteers.
Co-Mediation and Following the Model
One of the issues raised during the February 24th continuing
education session for General Sessions volunteers was the importance of
closely working with your co-mediator. The collaboration should begin prior to
the actual mediation and should continue through de-briefing. Some of the
examples shared by volunteers indicated a lack of teamwork. The twelve GS
volunteers made requests similar to those of the 20 evening volunteers made in
December: 1) more focused continuing education sessions specific to the cases
they mediate, 2) opportunities for mentoring and constructive feedback, and 3)
review from CMC staff of mediators during an actual mediation.
Along similar lines, CMC is implementing the following requested
improvements in CMC practices concerning General Sessions mediations:
- CMC staff will make every effort to be available at General Sessions for
the next month either as mediators or observers
- Each General Sessions volunteer has been asked to talk with their
partner before the mediation, during the mediation and after the mediation
on how to improve each other’s mediation skills.
- Continuing Education sessions will be regularly scheduled. Days when
court is not in session will be identified for morning meetings.
- CMC staff will explore again the possibility of "mentors" for
new mediators from the April class.
- Experienced and inexperienced mediators are requested to
"stay-around" to observe when there are 5 volunteers attending.
2002 Statistics
There were a total of 533 referrals of all types of cases in Knox County
last year. Of these, 432 were mediated with 324 resulting in agreements.
General Sessions Court and Juvenile Court comprised the overwhelming
majority of these cases.
Juvenile Court accounted for a total of 296 of the cases referred to
CMC. The majority of these cases (152) were Child Support, with 93
Juvenile cases and 51 family referrals. Of the 152 Child Support cases,
132 were mediated with 99 resulting in agreements. Sixty-six of the
juvenile referrals mediated and 46 agreements were reached. Forty-three
of the family disputes were mediated with 20 agreements reached.
The total number of Knox County General Sessions Court mediation
referrals for 2002 was 177, all of which were mediated. Of these, 128
resulted in agreements with over $142,000 dollars in restitution.
Blount County statistics are for 2001 and 2002 combined. The categories
are Juvenile (46 referrals, 44 mediations, 38 agreements;) Child Support
(25 referrals, 25 mediations, 15 agreements;) General Sessions (22
referrals, 21 mediations, 14 agreements;) and Adult Non-Court (7
referrals, 7 mediations, 4 agreements.)
3/03
Coat of Many Accomplishments Now Complete
by Kathleen Thomforde
In the fall of 2002, John began asking volunteer mediators, CMC
supporters, and staff members for 5x5 swatches of cloth. Being so
creative, he had decided to construct a "coat of many accomplishments"
for CMC. The coat would be composed of swatches that were donated by the
CMC family. The next task was to find a seamstress who would undergo
such a task. During the September training, he found a willing and eager
person: Judith Toole. Judith was taking the fall CMC training when John
announced his plans for the "coat of many accomplishments." She was
excited by the idea and volunteered to create the coat for CMC.
Judith, a volunteer in Blount and Knox Counties, has been sewing for
most of her life. She learned her quilting skills at Clover Hill
Presbyterian Church’s quilter-crafter group. Judith commented that this
project was the most extensive that she has ever attempted, taking two
months to complete. Each patch told a different story about CMC and its
influence on volunteers and supporters. According to Judith, "The coat
represents the richness of variety of people who volunteer to work for
CMC." Although the project was time consuming, Judith enjoyed the
experience and was glad to assist CMC.
The "Coat of Many Accomplishments" will be used for the first time at
the upcoming April training. Additionally, the coat will be used at
awards ceremonies, future trainings, and CMC presentations to display
the variety of people who volunteer for CMC and the variety of services
that are provided to the community.
Volunteer of the Month
There was only one possibility for the March Volunteer of the Month. If
you read the article above about the Coat of Many Accomplishments you
will have to agree that the honor would have to go to Judith Toole. Not
only did Judith "jump right in" after her training last fall, mediating
both in Blount and Knox counties, but she also assisted in training the
Tellico Mediation Team. All that, on top of turning the Coat of Many
Accomplishments from a dream into a reality. And, as if that were not
more than enough, Judith volunteered to help with the upcoming mediator
training.
Thank you, Judith. You are a truly special Volunteer of the Month.
4/03
Mediation Fest is a Success!
On Thursday, April 24th 2003, the Community Mediation Center held the
first annual Mediation Fest! AmeriCorps VISTAs Susy Hayden, Meredith
Adams, and Kathleen Thomforde designed, organized, and implemented the
event in order to increase the potential for sustainable peer mediation
programs in area middle and high schools. To our knowledge, this is the
first community-wide celebratory event promoting mediation in the
nation! Approximately 160 students, teachers, faculty, and
administrators from 10 middle and high schools in Knox County
participated in the festival. In addition, volunteer mediators from Knox
and Blount Counties served as activity guides. Representatives from Knox
County Juvenile Court attended, and Chief Referee Cynthia Chapman and
Assistant Court Director Darrell Smith spoke about the benefits of
mediation for the student, the school, the community, and the justice
system. Also in attendance were Knox County School Board President Sam
Anderson, Knox County Middle School Coordinator Bobby Gratz, and
District Attorney Randy Nichols. By all accounts, the event was a
complete success. Students observed two role-plays, participated in
three learning activities and offered suggestions for improving peer
mediation.
In an effort to involve the community in Mediation Fest, we solicited
monetary and in-kind donations from several area businesses. We would
like to thank Coca-Cola, Bi-Lo, Celebration Station, Simon West Town
Mall, Star 102.1, Knoxville News Sentinel and Kenesaw Group for their
contributions. We would also like to thank all the volunteers who helped
with Mediation Fest 2003: Bud Muly, Lynn Kidd, Janet Rooks, Kevin Jeske,
Amy Goff, Del Holley, John Doggette, Lisa Givonetti, Sharon Upshaw,
Robyn Davis-Lay, Diane Rairdon, Marcie Meldhal, Greg Davis, Robert Cook,
Cathy Rhodes, Owen Rhodes, Karen Doggette, Yvonne Webb, Susy Hayden and
Meredith Adams.
If you would like more information about peer mediation, please contact
Susy Hayden or Meredith Adams at 215-6564 or by email at
cmcjvct@esper.com
I Am Not a Minority
By Delores Mitchell, HR
Webster's Dictionary defines minority as "the smaller in number of two
groups making a whole. Racial, religious, political, national or other
group thought to be different from the larger group of which it is a
part." The U. S. government lists the following groups as minorities and
as "socially and economically disadvantaged": Black Americans, Hispanic
Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian
Americans.
In "The Diversity Factor Language Guide," Elsie Y. Cross writes that the
term minority "is increasingly inaccurate as well as demeaning." Used to
denote a group whose membership is less in number than the majority
group, the term has come to connote that the group is lesser in worth as
well.
I can analyze Webster's definition and come to two conclusions: I am a
member of several groups, each based on race, religion, politics, or
nationality. I cannot be easily categorized within these groups for the
following reasons:
I was born in America, so I possess no racial purity and cannot be
assigned to one race.
My belief in a higher power, divine or otherwise, makes me religious.
I support the political party that serves my needs best at the
community, state, and national level.
Because I live in a democracy, I have a great deal of freedom of choice.
So, what does this have to do with being a minority? I am not a
minority. I am a member of a group of people of color that makes up more
than 75 percent of the world's population. My religion is practiced by
more than 90 percent of the world's population. My politics are
practiced by more than 88 percent of the world's population. I live in
the most powerful nation in the world.
Now let us take a moment to look at the majority in the United States.
Caucasians compose approximately 69% of the population according to the
2000 census. According to Cross, the term Caucasian was once used to
designate one of the major geographical varieties of human beings,
including peoples of Europe, Africa, the Near East, India, etc. White
and Caucasian have become nearly synonymous despite the fact that
Caucasian includes many people of dark skin color.
Now to search for the definition of white. One definition used by
Webster to define white is "A Caucasoid." Caucasoid is defined as "a
major ethnic division of the human species having certain distinctive
physical characteristics such as skin color varying from very light to
brown and fine hair ranging from straight to very curly and regarded as
including groups of peoples indigenous to or inhabiting Europe, northern
Africa, southwestern Asia and the Indian subcontinent and persons of
this ancestry in other parts of the world." The census bureau concurs
that white refers to a person with "origins in any of the original
people of Europe, the Middle East, or North Africa. How about that! This
definition also includes people of color. So we see that not all
Caucasians are white.
So, again I say "I am not a minority." I share my blood, thus my
heritage with all others on this continent: you, your fathers, mothers,
sons, daughters, sisters, and brothers.
I am Native American, Caucasian, Negro, Mulatto, Black, Red, and Yellow.
My roots are Europe, Africa, Asia, South America, and North America. I
am not a minority.
I am Cleopatra, Mona Lisa, Endera Gandhi, Mary McLeod Bethune, and
Hillary Clinton all wrapped up in one package.
If I am to be defined as part of the whole, I must be defined as a
member of the majority. I am one of the world, and I am not a minority!
6/03
Blount County – Community Mediation Center
The Community Mediation Center will continue to operate in Blount County
but lack of funds has resulted in staff changes. Beginning July 12 the
Program Director’s position will no longer be full-time. Robyn Davis-Lay
who has directed the Program since January 2002 has left to pursue other
opportunities. The Alcoa Office will remain unchanged for program
operations and mediations. The CMC will notify all volunteers who
mediate in Blount County as we finalize operational changes in the
coming weeks. All CMC staff and volunteers who have worked with Robyn
recognize her significant contributions to the Blount CMC and wish her
the best.
8/03
Judith Toole named New Program Director
Judith Toole has recently been named the new Program Director in the
Blount County CMC. Her duties officially began on Friday, July 18.
Initially her time will be spent learning the procedures of running the
office. There are also ongoing cases that need mediations scheduled and
new volunteers to become acquainted with. Her responsibilities will soon
include volunteer coordinating and serving as a liaison with the courts
in getting cases resolved. Currently Toole is the only staff member in
the office, but says she would like to one day acquire an intern from
Maryville College, or possibly a VISTA.
Toole became part of the CMC family because, she says, "Mediation is
really where I want to be." She has been a volunteer mediator in Knox
County since September of 2002, and was Volunteer of the Month in March,
2003. Toole says she initially came in contact with mediation during her
career as a judge for the Equal Employment Opportunity Commission, or
EEOC. She says mediation was greatly encouraged because of the large
caseload. Toole and fellow judges would mediate cases assigned to each
other. Often times, prior to her own hearings, Toole would attempt to
mediate between parties so the hearing never actually occurred.
Toole considers the practice of mediation to be invaluable. She believes
she has gained much knowledge and experience, as well as "excellent
training." Once she has a grasp on her new role, Toole would like to
continue mediating as a volunteer for Knox County.
As she looks toward the future Toole is a bit apprehensive about the
recent funding cuts and what that may do to her plans to continue
building Blount County CMC into a "viable" mediation program. However
she says that would be one of the many exciting challenges her new
position offers and she does not plan to give up easily.
Volunteer of the Month
CMC would like to recognize Jim Davis as August’s Volunteer of the
Month. Jim’s roles during his three year involvement have been
multi-purpose. He volunteered to mediate in Knox County, despite the
fact he lives in Jefferson County. Next he volunteered to direct a
volunteer program in Jefferson County. During the last year he has
served for CMC as an AmeriCorps*VISTA. Jim has also developed the CMC
website, which is now an integral communication source for staff and
volunteers. We would be at fault for not including that Jim is also a
quality mediator. Thanks, Jim. We are pleased and honored to have you as
a volunteer and a friend.
9/03
Mediators share experiences
CMC’s Fall training class for volunteer mediators begins on Friday,
September 12th. In light of this, The Neutral Zone asked four mediators
from the Spring, 2003 training class to share their experiences of the
past five months.
Don Ferguson and Lon Young are General Sessions mediators. Kim Deaton
and Gwen Winfrey mediate child support and Juvenile cases.
Says Kim Deaton, “there is a tremendous reward in seeing someone go from
an oppositional position [with a disputant] to working together.”
Deaton came to CMC because she says she was always interested in
mediation as a tool for helping people. She has been a therapist for the
past ten years. While the practices are not identical, Deaton feels her
mediation skills enhance her abilities as a therapist and vice versa.
Deaton believes that through mediation she has learned more about
personal biases, including her own. She also says that if she hadn’t
been in her current profession she would have been surprised by the
dramatic change that occurs in volatile situations when parties are
given an appropriate forum for resolving conflict.
Something Gwen Winfrey has learned from her experience as a mediator is
how to be a listener, not offering opinions or advice. She has learned
how to use her skills to help parties help themselves. This has also
benefited her in her personal life.
Winfrey specifically wanted to do juvenile mediations because she
believes that juveniles today are living in a different world than the
generations before them, and it is important to introduce conflict
resolution at an early age.
Lon Young joined the CMC after retiring from his law career at TVA. He
says, “the practice of law always involves a lot of conflict. I got my
greatest satisfaction when I was able to resolve conflict.”
Young says he has learned much about the technical ins and outs of
landlord/tenant GS cases, and the unique features of this kind of
mediation. He has also learned how to work as part of a co-mediation
team. Young says there is no single type of co-mediator.
For Don Ferguson mediation has reinforced his belief that there are two
sides to every story, as well as the importance of objectivity. Ferguson
enjoys the process of mediation. Young agrees, saying that he looks
forward to getting up on Tuesday [GS] mornings.
10/03
Peer Mediation Update
Peer mediation continues to grow throughout the Knox County school
system. In the month of October students at Vine Magnet Middle School,
Karns Middle School and the sixth and seventh graders of Holston Middle
School are being trained as peer mediators. Additionally students at
Carter Middle school are to be trained the last week of October or the
first week of November.
CMC has formed an advisory council to plan events like Mediation Fest
and Peer Mediation Summer day camp, and to collaborate on the future
progress of the peer mediation program. The council is made up of
students, parents, school coordinators, CMC board members and juvenile
court staff. The council will have quarterly meetings, the first of
which is this month, Monday, October 6th, at the CMC annex office.
Confirmed members of the council include Assistant District Attorney
General Del Holley, Cedar Bluff Middle School assistant principal Tim
Wiegenstein, West High School guidance counselor Katie O’Farrell,
volunteer mediator Dianne Rairdon, CMC board member Amy Goff, Gresham
Middle School student Briana Bilbrey, her mother Kathy Bilbrey, Holston
Middle School student Alana Simmons, and Halls Middle School student
Jared Spoons, along with his mother, Sheree Spoons. New CMC board member
Lisa Carroll is planning to attend the first meeting and will join the
council if her schedule permits.
Bilbrey, Simmons and Spoons are also the writers of the first Peer
Mediation Newsletter. The newsletter will also be distributed quarterly,
coinciding with the council meeting schedule. The first issue is due to
be printed, and hopefully ready to be presented early this month.
Two Peer Mediation videos are now complete; a training video which
depicts a complete peer mediation session, highlighting and explaining
the steps of the process, as well as a general video providing an
overview of the program. This video also includes an introduction and
narration by Juvenile Court Probation Supervisor and SEC football
referee Terry Brown. The videos were produced by Mark Adams along with
VISTA Meredith Adams.
Finally eleven students from Knox County middle schools have been
selected to attend a training of Students Against Violence Everywhere,
or SAVE, in Nashville on Thursday, November 13th. Knox County middle
school coordinator Bobby Gratz has approved the field trip. CMC staff is
scheduled to present information about the trip at the middle school
principals meeting on Friday, October 10th.
New VISTA Lisa Beckman
On Monday, October 6th, a new Americorps*VISTA will be joining the CMC
staff. Lisa Beckman, from Poughkeepsie, NY, recently graduated from
Franklin & Marshall University and is excited to dedicate the next year
of her life to service. She was a bright and enthusiastic candidate and
CMC staff is confident Lisa will make a substantial contribution to our
many programs.
11/03
CMC and CTV
CMC has recently united with Community Television to join the local
media circuit. We are now producing a 15-minute television program
called “Our Mediation Community,” which will be shown weekly on CTV. One
day each month we will film the four episodes to be shown the next
month.
The idea for the program came from CTV ‘’s Kevin Jeske, who is also a
CMC Board member. Each week the show’s host, John Doggette, will
interview a guest about his or her experiences with the mediation field.
Beginning in January ‘Mediation Community’ will be shown on Saturdays at
7:15 p.m.
Guests for January’s shows include volunteer mediators Dave Rupert, Sam
Fowler and Dale Robinson, along with General Sessions Court Judicial
clerk and CMC Board liaison Bob Swan.
Each program will also include a ‘tool time’ segment, discussing a tool
necessary for the practice of mediation, as well as a one-minute clip of
a volunteer or volunteers explaining why they chose to mediate for CMC.
We are all very excited about the program.
12/03
A Word from our Mediators
Although the CMC trains volunteers in only the spring and fall, we
realize that potential volunteers appear at all times of year. As we
begin to prepare for the next training class and to make connections
with the next group of volunteers, we wondered how our current mediators
would market their mediation experience.
The Neutral Zone recently asked CMC mediators what they would say to
someone who expressed interest in becoming a volunteer mediator. Here
are some of their responses:
“It’s intellectually challenging and emotionally rewarding, and in the
process you’ll learn a valuable skill you can use yourself outside of
the mediation process.” John Buckley
“Mediating is an extremely worthwhile endeavor and additional mediators
are constantly needed. Mediation is a valid and productive alternative
to litigating in today’s society.” Julian Wick
“It’s a good road to follow. Being a mediator is very fulfilling. When
I’m in a mediation, I feel that I’m so glad I’m doing this. You do need
to be very selfless in mediation however. If you are interested in
community service, don’t go into mediation looking for self-fulfillment.
I have however, learned valuable skills and gained some tools that can
help people. It’s definitely something to pursue. Deborah McDowell
“It’s a superlative opportunity. It’s a great vehicle for helping and
getting the maximum benefit for the amount of time and effort you put
into [mediation].” Pete Mahoney
Soup-n-Sessions
Twenty mediators joined John Doggette, Sharon Upshaw, Judie Watson and
Lisa Givonetti, on November 13th at the Knox County Juvenile Court for a
three-hour continuing education session focused on parenting mediations.
Karen Doggette provided two excellent soups, as the title of the
evening’s training was ‘soup-n-sessions,’ and the attendees united with
questions, insights and humor. With 15 of the attendees having completed
50 or more mediations the focus of the evening was one of sharing as
only active listeners can do.
Says volunteer mediator Susan Shepard of the session, “When you do a
mediation you invariably have questions. What was great about the
training was the chance to mingle with experienced mediators and CMC
staff to ask questions. We also saw the peer mediation film and it was
nice to see other areas of the CMC.”
Behaviors of Manipulation Used by the Weaker Party
by John Doggette
Much of the discussion in our recent training centered around the myth
of balancing the table. Mediations frequently include parties who have
unequal power based on ability to communicate, education, finances,
health and life stability. The processes used by mediators to empower
parties use the cues provided by the participants, frequently those that
demonstrate the imbalances in power. A weakness within many mediators,
myself included, is a bias in favor of the underdog.
I recognize that I need to focus more on not succumbing to the behaviors
used by the weaker party. The following four examples are the
manipulative behaviors a mediator most frequently encounters from the
less powerful participant.Staying in the past during a time where the
weaker person was the stronger.
* Enabling behaviors that emphasize imbalance to get support from the
mediators
* Shutting down verbal and nonverbal behavior based on the premise of
never having been successful before so why attempt to compete
* Bolting or threatening to leave as issues are identified that focus on
personal changes to be made
Manipulative behaviors are coping skills used to survive in difficult
relationships. A good mediator must recognize them, while not making the
person using them “wrong.”
2004
looking
ahead...