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the neutral
zone
vol.6 issue 2
2.06
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Content
News and Updates
Save the Date: April 1 Ken Cloke!
News from the Front
CMC Blogs
Legal Language
Mediation Toolbox
Thank Yous
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Quid Novi?
News and Updates:
- CMC Executive
Committee Meeting,
Wednesday, March 15, 2006,
12 noon, Gay Street conference room
- CMC Board Meeting,
Thursday, March 23, 2006,
Higher Grounds Coffee Shop, Gay St, time TBA.
TVMA News and Dates
TVMA's new website is up and
running and looking mah-velous, dahling! Check it out at
www.tnmediators.com Also check
out the
Calendar
for 2006.
SAVE THE DATE!
TVMA is bringing
internationally known mediator and author,
Ken Cloke,
to Knoxville on Saturday, April 1,
2006. Up to 6 hrs of CME/CLE credit
will be offered, along with breakfast and lunch. Please mark your
calendars and stay tuned for more information. You can also check out
TVMA's new website at
www.tnmediators.com for available info about monthly meetings and
special events. Buy Ken Cloke's book either through the
TVMA website or at our local
favorite independent bookseller,
Carpe Librum.
CMC encourages its volunteer
mediators to attend TVMA meetings and to join TVMA!
Knoxville Bar
Association dates:
ADR
Section: Events will always be held at
Butler, Vines & Babb, 2701 Kingston
Pike, Knoxville, TN, on the NW corner of Kingston Pike and Concord, at
5:30-6:30pm on the first Monday of the month. They each have been
approved for 1 hr CME/CLE.
$20 for KBA members; $30 for
nonmembers. ($5 extra the day of the event.)
Note the location change and
the price increase, both of which begin in 2006.
Monday, March 6:
Mediation
Settlement: Is a Writing Required?, Speaker: Robert P. Murrian, retired
Federal Magistrate.
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news
from the front (office)

After a very relaxing holiday, 2006 has proved to be busier than I
ever imagined! All of our "busy-ness" is good, or at least leads
to good things, but our new motto is "Be careful what you wish
for!"
We are
in the process of adding new members to our hard-working board.
Last month, we announced the new officers, and we will announce the
new board members next month at their first board meeting, March
23. Our board members have agreed to commit their time and
talents to carrying out CMC's strategic plan, to networking and
raising community awareness and to raising money and resources to
support our programs. We are trying to find a balance of members:
mediators, attorneys, people with financial and business skills,
educators and trainers, fundraisers, social service providers, those
who are politically aware, artists, and bridgebuilders. Stay tuned
for introductions next month.
We
said a fond goodbye to our favorite German intern, Eva Wank. She
departed the US on February 1 to return to Koln and dive into her
law exams. In Germany, law students face a "super bar exam", a
combination of written exams and oral exams. Eva called after she
returned and told us that her last and most rigorous test will be
March 7. She will start by presenting a hypothetical case argument
to a panel of judges, and then the judges will orally question the
students; the students can refer to texts before answering, but must
do so "on the spot." Eva was nervous, but remembered that while she
was here, she made an excellent presentation to the TVMA in English,
so she should be able to make a presentation in German! She was
surprised at how hard it has been for her to find her German words
since coming back from the US. She told me to tell everyone hello
and that she will be in touch once she finishes with this Big Exam!
Her email is evawank@yahoo.de
CMC received a technical
assistance grant this year from
Knoxville Leadership Foundation. Through this grant, we
have consultants to help us with three facets of our work with
at-risk youth--in other words, our peer mediation program and our
juvenile court mediation program: The first two facets are to
develop and implement a funding plan and a marketing plan.
These two tasks relate to one another. As a nonprofit organization,
CMC serves the public good, and works to promote mediation in ways
that private, for-profit entities could never do and still be
profitable! Most of our disputants come to us through Sessions and
Juvenile Courts, and are unrepresented because they cannot afford
counsel, much less afford mediation. But CMC also needs to think of
how its work can be sustained---how to make sure we can always
conduct charitable work and still keep the lights on! We need to
raise money from a variety of sources, and we need to market our
services, so that the courts and community understand what we do and
why we are so integral to a well-functioning justice system.
KLF is also helping us with a
third, very important and sometimes overlooked task: outcome
evaluation. CMC has always kept statistics on numbers of
mediations, outcomes, number of people served, how many hours of
mediation, hours spent by our volunteers. But how much better can
we gather and use outcomes? We all know instinctively that
mediation is the best process for many disputes to get resolved and
stay resolved. As well, we suspect that disputants who go through a
mediation, even one that doesn't result in a successful agreement,
are changed for the better by the experience, and are much more
likely to solve their disputes peaceably in the future. Wouldn't it
be great if we could use our well-gathered data to partner with
ethical researchers to test our hypotheses and relate the findings
to Knox County mediation? CMC will also learn to use outcome data
to give useful feedback to foundations and other donors, to the
courts and bar, and to our own mediators!
CMC is
now fully wireless and capable of high speed internet activity. We
continue to thank our technical support, Richie Ward at Avalon
Sites. We got a great nonprofit deal from
Dell Computers, and will soon
be prepared to set up our older computers (still wireless and
internet connected), one in eachof our three mediation rooms at the
CMC Annex. Mediators can begin to learn to use computer parenting
plan and mediator forms which will be printed out for parties and
mediators to sign. The next step of making the mediation rooms
computerized should be accomplished in a month or so.
We
also conducted a peer mediation training for the
Chi Sigma Iota Honor Society
, an organization for graduate students who are getting their
PhDs or MAs in order to be school counselors. (We used to call them
"guidence counselors.) Thanks to our Board Chair, Lisa Carroll for
all the work and connections on this effort, as well as
Professor Jeannine Studer, who invited us to do the
training.
CMC
collaborated very successfully with the
UT College of Law Mediation
Center to train new community mediators, as well as 18 law
students.
Becky
Jacobs, professor of law and director of the Mediation
Clinic, provided so much support as a co-trainer, as well as
providing copying for training materials, space, parking, and even
sandwiches! It reminded me of the pre-CMC olden days when the
community mediators were trained at the law school by a collection
of excellent practitioner-trainers, and learned so much from them
and each other. Most of the law students and some of our community
members will mediate in General Sessions Court with our CMC
mediators, under the supervision of Bob Swan, Judicial Clerk and
Administrator. Most of our new community mediators will be
mediating in Juvenile Court cases. We have not completed the
training process yet, but when we do next month, we will publish a
big welcome to CMC in the newsletter, profiling the volunteers. In
addition, so many experienced CMC volunteers pitched in to help with
training, coaching, role-playing, and observing and providing
feedback on student roleplays.
Huge thank yous to our wonderful mediator-trainers: Lisa Givonetti,
Dale Robinson, Jean Munroe, Paul Rajkowski, and Bob Swan. In
addition, we had excellent observors and coaches: Judy Toole, Jim
and Julia Malia, Lisa Carroll, Lisa Beckman, Mary Jendrek, Nancy
Onks, Don Ferguson, Andy and Debbie Agnew, Lon Young, Jim Davis,
Marsha Lehman, and Pam Brown.
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"Problems are only opportunities in work clothes."
-- Henry J. Kaiser |
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Blog World!
CMC has entered
the world of 'blogs---short for web logs.
We are
maintaining a blog for CMC Mediation Mentoring, to allow new
volunteers and "seasoned" volunteers (notice I did NOT say "old
volunteers"!) to pose questions and comment on questions which come
up in the course of simulations and mediations. The blog is also a
good place to post new links for everyone to visit and comment on.
We also have a 'blog
for peer mediation discussions and links.
Please go check
them out, and add any comments or questions you may have about
mediation issues, CMC procedures, and the like. These sites will be
a part of our new mentoring program. Look for more information on
monthly mentoring meetings to be coming your way soon via email.
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CMC Mediation Mentors Blog
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CMC Peer Mediation
Blog
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Please
DISCONTINUE
using the following OLD
"esper" email addresses:
We've gotten cable internet with Comcast, and have discontinued our Esper
account.
The new email addresses will
be easy to remember, and can be used beginning NOW:
mediate@2mediate.org
cmcjuvct@2mediate.org
As usual,
we'd like to thank our wonderful webmaster and internet guru, Richie Ward
at Avalon.
--------------------------------------------------------
Our staff email addresses:
Jackie Kittrell:
jkittrell@2mediate.org
Sharon Upshaw:
supshaw@2mediate.org
Jen Comiskey:
jcomiskey@2mediate.org
Annex:
cmcjuvct@2mediate.org
General info: mediate@2mediate.org
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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.)
Enjoin
Enjoin means to prohibit, to forbid, or to restrain someone by court order
from doing a specific act or behaving in a certain way.
--A Dictionary of Modern Legal Usage
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Mediation Toolbox
This month, I've listed some very good articles
available online:
First, two pieces from our favorite
mediation web log ("blog),
FloridaMediator.
The blogging mediator, Perry Itkin, posts news stories from all over the
country having to do with mediation issues and ethics.
I’m A Better Decision Maker When I’m
Unconscious!
Okay, not really –
but maybe! According to this
article in
Science magazine
[subscription required] important decisions are better made when the
thoughts about them are “put out of mind” and the choices are
complex. The “deliberation without attention” theory has application
in mediation. To learn a little more about the concept you might
like to read about the study in this
article from
Yahoo.com News or
this
article [registration
required and it’s free] in the
New York Times.
So, the next time you hear a party say “I’d like to sleep on it
overnight” [allowing unconscious thought to kick in], you just might
suppose that has some value – or not [depending on . . . .].
Think about it [pun intended] – have you ever awakened with a great
idea or a solution to a problem?!?
If It
Looks, Walks And Quacks Like A Duck – It’s Not Mediation! It’s A
Duck!
There is
a myriad of alternative dispute resolution processes. You know them:
negotiation, conciliation, facilitation, mediation [of course],
early neutral evaluation, ombudsman, fact-finding, mini-trial,
summary jury trial, arbitration, private judging, and litigation
[again, of course]. There are combinations of these and other
processes [we are very clever thinkers!]. There are also other ADR
processes as well. All to say, the
most visible
are negotiation, mediation, arbitration and litigation. What happens
sometimes [and sadly so] is that some of the other ADR processes are
called mediation when, in fact, they are not as reflected in this
opinion letter to
2TheAdvocate.com in Baton Rouge,
Louisiana. Reading it, you can almost feel the writer’s frustration.
You can, can’t you?
On Your Own
Without a Net: The Transition to Adulthood for Vulnerable Populations.
The MacArthur Research Network on Transitions to Adulthood has released
this, its latest volume on vulnerable
youth. Read the forward and a summary of a recent panel discussion of
the book at this link.
www.transad.pop.upenn.edu/research/woutnet_toc.htm
Genetic Test for Addiction
A low-cost test for a genetic marker for addiction has
been developed by a UCLA researcher. The test is for the A1 allele,
which researchers have identified as signaling elevated risk of
addiction. The test is still under development and will cost
about $35 to administer. It can be a prevention tool as well as a
diagnostic tool.
Warning for ADHD Drugs
A federal expert advisory panel has recommended that several
drugs widely used to treat ADHD should carry a prominent “black Box”
warning because of reports they may have caused sudden deaths or serious
complications.
Members of the board
said the recommendation was driven as much by worries that the
drugs are being overused in the United States as by the possible side
effects. About 10% of 10-year-old American boys are
taking the medications and there have been sharp increases in
the number of adults taking them.
Extent, Nature, and Consequences of Rape Victimization: Findings from
the National Violence Against Women Survey
The NIJ reports that more than 300,000 women and almost 93,000
men are raped annually, according to this survey. Researchers
found differences in rape prevalence relating to age, gender and
race/ethnicity, as well as other factors such as whether the victims
were first raped as minors. 40+ page pdf file.
"I am in the world
to change the world."
--Kathe Kollwitz
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CMC
Eleemosynary List for Annex
- upholstered couch and
chairs for annex mediator lounge
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interesting
magazines and books for the waiting area
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VCR
cassettes for clients to play on our tv/vcr while waiting in the waiting
area
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table lamps for annex mediation
rooms
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mediation books and magazines for
our lending library
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live green plants, either hanging
or floor.
Thank you,
Andy and Debbie Agnew,
John Buckley,
Dale Robinson,
Lisa Carroll,
Bob Swan,
Sam Fowler,
Marsha Hupfel,
Janet Neely,
Gary Alexander,
West Knoxville
Friends Meeting,
Annette Mendola,
John Nolt,
and Catherine Kligerman,
for ALL your support and donations to CMC!
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Contact
information for our webmaster, Richie Ward
(who has just completed TVMA's new
website):
email: richard@avalonsites.com
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