THE NEUTRAL ZONE
a monthly publication by the Community Mediation Center
 

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the neutral zone


vol.5 issue 4
6.05

 

 

 

Content

News and Updates
Message from the Interim ED

Strategic Planning Teams
Welcome to Jen!
Legal Language

TVMA News
Mediation  Tools
Our Mediation Community
 

 

News and Updates:

New time!!!  CMC Board Meeting: 
Thursday, June 16, 12-1, Court Top Cafe, Main Street, Downtown Knoxville.  The Board has decided to try mid-day meetings through the summer to see if more folks can attend.  Lunch is dutch-treat.  The cafe is in the federal courthouse downtown on Main & Walnut.  The door to enter the restaurant is also the entrance to the US Attorneys Office, so be prepared to go through security.

CMC Executive Board Meeting, May 18, 12-2pm, Pioneer Bldg. on Magnolia Avenue.

TVMA Dates: 
June 21, 7-8pm, w/social time 6:30-7pm, 6th Floor Candy Factory.
Panel discussion will feature the electic and interesting TVMA Board
.

Knoxville Bar Association dates:
ADR Section
Ethics of ADR
Date: Monday, September 12, 2005 Time: 5:30 - 6:30 p.m.
Speaker: Howard H. Vogel, O'Neil, Parker & Williamson
Location: Anderson, Reeves & Herbert, P.A. - 2607 Kingston Pike, Suite 130 (Tyson Place)
The program has been approved for one hour of Ethics CLE credit. (We'll check on whether it will count as one hour of CME as well.)

Upcoming conferences & celebrations:
VOMA National conference in Philadelphia, Oct. 24-28
ACR's National conference in Minneapolis, Sept. 28-Oct. 1

Mediation Book Recommendations:
The Promise of Mediation : The Transformative Approach to Conflict,
by Robert Baruch Bush and Joseph Folger, published 2004 by Jossey-Bass Publishers, 304 pp.
Also available as an e-book Adobe download.



Mediation Links:
Mediators always need perspective!  Power of Ten gives you just that. 
 

Remember, June 21 at 2:46 AM is Summer Summer Solstice or Midsummer's Night, when everything you dream comes true!  And do yourself a favor---go see the synchronized fireflies at Elkmont...  

 


Message from Jackie Kittrell, Interim ED

I wanted everyone to know that I've been appointed by the Board as the Interim Executive Director, and am still sane!  And what's more, I want to engage volunteers---our most precious asset---along with our board and our staff, in developing a plan to move the organization forward. Ten years old, CMC has made it through its childhood---its here to stay!  In its next phase of development---adolescence?---it needs to be guided toward realizing its potential.  Because CMC has become integral to the administration of justice in several of the Knox County courts, it is all the more important that we maintain and expand our vision. 

In late April, CMC began the process of strategic planning, under the Board's leadership and the individual stewardship of Jim Johnson, Executive Board member and long-time volunteer mediator.  Much of how we will plan our forward movement will come from our "teams".  I encourage all of you to consider joining a team and helping with this important task. 

As the Interim ED, I would like to have discussions with our mediation community to generate ideas and actions...Some ideas to begin the discussion:

  • We need to show appreciation to our Volunteer Mediators in many ways, including developing regular refresher training programs about topics of wide interest, institute mentoring by staff and veteran volunteers for the new volunteers, planning and holding social & discussion gatherings for Volunteers. 

  • Along those lines, we need to seek out the opinions and input from our Volunteers so as to better schedule and communicate about what we do---mediation! 

  • We need to ask for donations from individuals and organizations who support our work, and be able to tell them how much VALUE we add to work which would otherwise supported only by tax dollars.  Can you imagine how many more hours would be spent on a given case if CMC mediation services were not available?  Scary!

  • We need to strengthen our ties with our community:  Tennessee Valley Mediation Association, Community mediation centers around the state and region, and our new fundraising partner, Community Shares, and its member groups. 

  • We need to reconnect with some of our allies in the mediation world:  the Knoxville Bar Association, Legal Aid of East Tennessee, the U.T. College of Law.  Did I mention, I'm an attorney?  I would like to bring these connections to CMC so that our co-mediation model can positively influence our community, and so we can gain valuable insight from those: whose practice of law includes both mediating and participating as an advocate in the mediation process; who teach mediation every day; and who value the delivery of services to the "legally underserved". 

  • We need to continue our participation in various local and state-wide alliances to support mediation and all it stands for:  the AOC Pro Se Litigation Workgroup; the Tennessee Coalition of Community Mediation; the Community Coalition on Family Violence's Family Justice Center; the Triage Team; and others. 

  • We need to explore how to partner with various university researchers to undertake analysis of mediation and its effect on family conflict outcomes, including married and unmarried family mediation, to result in published studies. 

  • We need to increase the profile of our excellent roster of CMC-listed Rule 31 mediators with the local bench and bar, including introducing and promoting our non-attorney Rule 31 mediators . 

  • In partnership with TVMA and KBA, we need to develop interesting, inexpensive, and accessible CLEs and CMEs for those with professional requirements.  In June, I presented a CLE/CME on juvenile court mediation and our co-mediation model to the ADR section of KBA.  Thanks to Marsha Hupfl and Sarah Krivenki for assisting in the role playing and insightful explanation of co-mediation. 

  • We need to improve our delivery of mediation and community services to our grantors and clients, and come up with new ideas to try to better serve those who need mediation. 

  • We need to develop an interactive website with pages targeting our constituancy:  the courts, volunteer mediators, rule 31 mediators, peer mediators, members of the public interested in mediation. 

  • We need to develop a "cross-over" training both for those volunteer mediators trained by CMC who would be qualified and interested in acquiring Rule 31 training, and for those Rule 31 mediators who would like to train in co-mediation and volunteer for CMC.   

  • We need to keep our peer mediation program alive and kicking in the public middle and high schools, expand the program to private schools who can pay a fee for training, and continue to expand the peer mediation agenda to upper elementary schools. 

  • We need to work on expanding the CMC volunteer model to surrounding counties in need of a community base of support for court-referred and other mediations. 

    There are so many more ideas---and I'm sure each of you can think of even more.  Please don't hesitate to send in your thoughts and action plans, and please consider joining us on a strategic planning team to flesh our ideas out and put them into action!  Taking personal responsibility for making CMC the best it can possibly be is more important now than ever before...Contact me at  jkittrell@2mediate.org or Jim Johnson at advantagespeakers@comcast.net

 

 



Strategic Planning Teams Scheduled to Meet---
Please Consider Joining a CMC Team as a part of your volunteer work!

  • Board Development:  Thursday, June 16, 1pm-2pm at the Court-Top Cafe (after the Board meeting)
  • Program Development:  Monday, June 20, 3:30pm-5:30pm, Juvenile Annex
  • Marketing:  Wednesday, June 22, 5:30pm-7:30pm. Juvenile Annex
  • Organizational Effectiveness:  Monday, June 27, 5:30pm-7:30pm, Juvenile Annex
  • Budget & Resources:  Tuesday, June 28, 5:30pm-7:30pm, Juvenile Annex

 

Welcome to our new employee: 

Welcome to our new CMC worker, Jen Cominsky!  She will be working part time this summer out of our Juvenile Annex offices, and may be working some hours during her last year in law school, if her schedule allows.  She will be doing all the intake at Juvenile Court, and with Sharon, doing the scheduling for all juvenile mediations.

Originally from Knox County, she's a rising 3rd year law student at UT College of Law who was trained as a CMC mediator in our Spring 2005, class.  She did her undergraduate work at Hendrix College in Arkansas, majoring in political science with a minor in Spanish, and has traveled extensively in Peru to learn more about third-world countries' economic, political, and social needs.  Jen met her husband, Clayton Leasure, while in Arkansas, and brought him home to East Tennessee when she started law school!  She also works part-time at Catholic Charities' Parent Place and volunteers with their  Justice, Peace, Integrity of Creation group, working on the newsletter and in the library.  Please stop by and say hello the next time you're at Juvenile Court.

Never doubt that a small group of thoughtful citizens can change the world;
indeed, it is the only thing that ever has. - Margaret Mead


If you tremble indignation at every injustice then you are a comrade of
mine. - Ernesto Che Guevara

 

Our new staff email addresses:

Jackie Kittrell:  jkittrell@2mediate.org
Sharon Upshaw:
supshaw@2mediate.org
Sarah Krivenki: skrivenki@2mediate.org
Lesley Rohrer:
lrohrer@2mediate.org
Cathy Sellers:
csellers@2mediate.org
Jen Cominsky: 
jcominsky@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.)

A Star Chamber proceeding

In today's language, it means an unfair judicial proceeding in which the outcome is predetermined.  The term derives from a former court of inquisitorial and criminal jurisdiction in England that sat without a jury and that became noted for its arbitrary methods and severe punishments. It was abolished in 1641.
 

 

 

TVMA News

 

The May TVMA meeting was a real blockbuster.  

 

Two judges and a Juvenile Court Referee delighted the audience with interesting presentations and interactions of their personal experiences on the bench. Most important of all was the uneqivocal and indispensable role of mediation to the court system. All three agreed upon this point. Judge Cerny sited the growing number of Pro Se cases (individuals representing themselves) in the courts. He noted, somewhat tongue-in-cheek, that he is glad people are suing each other more now than ever before. The humor belied his concern over the violence in our society, but at least the fact that people are suing one another rather than choosing violence is a good thing. The problem with Pro Se cases is that they take much longer than cases where lawyers represent the individuals. The Pro Se cases are the ones designated for mediation before coming before the court.   The Judges’ support of this process of assigning these cases to mediation accomplishes two things:
 

    1) the people, who are often in a very tense and antagonistic mode of behavior, tend to go through the mediation process and are able to come back into the courtroom with a new calmer demeanor;

    2) because of this change of demeanor, the cases move more quickly, often because they have an agreement that was reached through the empowering process of mediation.  The parties feel that their own abilities have been acknowledged, and that at least they have been heard by someone.   According to all the presenters, this empowerment and the mediation process itself, seems to begin a healing process between the individuals, which is especially important to people who have ongoing relationships.
 

All the Judges were very supportive of what we do.   They recognized that mediation plays an increasingly important role in reducing the ever-increasing case load of all the courts.   And they all offered their assistance in helping us mediators overcome any difficulties we face in pursuing our mediations. 

 

Coming up in June:   On June 21, TVMA will meet at 6:30 p.m. at the Candy Factory, 6th floor meeting room.   The TVMA Board will present the program and conduct a planning session for upcoming programs.  Come and join us and provide some input to help us schedule another exciting year of programs.

 

  - by Judy Toole, TVMA Treasurer (and CMC volunteer mediator)


 

 

Mediation Tools: 

Go to the AOC (Administrative Offices of the Court) website where you can download versions of a "fill-inable" parenting plan form, official and latest version.  You can choose between Word auto-fill in or just plain Word, Word Perfect or Adobe versions:

 

Wouldn't it be absolutely lovely if CMC could outfit its 4 mediation rooms with laptops or desktops loaded with these digitial forms, along with a dependable printer and reams of paper?  WOW!  Something for all of us to visualize and then articulate to CMC's wonderful supporters.

 

Until then, download it yourself for your own use...

If any of our volunteers would like to produce and videotape a weekly show about mediation issues, please contact CMC.  We have a once per month spot open with Community Television CTV to film 4 segments.  For the time being, we will be showing re-runs of the show, "Our Mediation Community", Mondays at 11:30am and Wednesdays at 9:00pm. The program features guests who help to promote peace in our community. Please check in every week on the CTV channel (Channel 12 on Comcast Cable or check schedules week by week at: www.communityknox.org/CTV_daily.htm