THE NEUTRAL ZONE
                                                                                   a monthly publication by the Community Mediation Center
 

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the neutral zone


vol.6 issue 2
2.06

 

   

Content
News and Updates
Save the Date: April 1 Ken Cloke!
News from the Front
CMC Blogs

Legal Language

Mediation Toolbox
Thank Yous
 

 

 

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.

 

 

 

 

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.    

 

 

 

"Problems are only opportunities in work clothes."

-- Henry J. Kaiser

 

 


Blog World!

CMC has entered the world of 'blogs---short for web logs. 

We are maintaining a blog for CMC Mediation Mentoring, to allow new volunteers and "seasoned" volunteers (notice I did NOT say "old volunteers"!) to pose questions and comment on questions which come up in the course of simulations and mediations.  The blog is also a good place to post new links for everyone to visit and comment on. 

We also have a 'blog for peer mediation discussions and links. 

Please go check them out, and add any comments or questions you may have about mediation issues, CMC procedures, and the like.  These sites will be a part of our new mentoring program.  Look for more information on monthly mentoring meetings to be coming your way soon via email. 

- CMC Mediation Mentors Blog

- CMC Peer Mediation Blog

 

 

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
  
 

 

 

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

 

 

 

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
 

 

CMC Eleemosynary List for Annex
- upholstered couch and chairs for annex mediator lounge
-  interesting magazines and books for the waiting area
-  VCR cassettes for clients to play on our tv/vcr while waiting in the waiting area
- table lamps for annex mediation rooms
- mediation books and magazines for our lending library
- 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!

 

 Contact information for our webmaster, Richie Ward
(who has just completed TVMA's new website):
email: richard@avalonsites.com