Ohio Mediation Association

MEDIATE OHIO 

Ohio Mediation Association

www.mediateohio.org

A Bi-Monthly Publication       

July/August 2008

President: Maara Fink (419) 530-4236 Maara.Fink@utoledo.edu

Immediate Past President: Jay Patterson (614) 403-3825 E-mail: jmpmediation@ameritech.net

Vice President:  Phil Dunfee (740) 366-3297 E-mail: phil@phildunfee.com

Treasurer:  Sheri Center (614) 783-7281 E-mail: findingcommonground@yahoo.com

Secretary:  Denise Nixon Sparks (614) 944-5764 dnsparks@resolvemediationservices.com

Mark your Calendars for our exciting 2008 meetings!! (First Friday of the even numbered months except our conference or April meeting since it is at a facility for conferences.)

 

October 3, 2008          A representative from Richard Cordray, State Treasurer’s Office “The 10 most frequently asked questions about foreclosure” Discussion on “Save our Homes Task Force” and how the mediators will play a role in foreclosures. 

December 5, 2008      TBA

All meetings, except the Annual Conference, to be held at 11:30 AM at the MCL Cafeteria at Westerville and Schrock Roads in Westerville until further notice. (Directions on last page.)  Don’t forget—after each OMA bi-monthly meeting, the Case Study Group gets together to discuss a case presented by an OMA member.  If you are interested in a lively discussion of different types of cases, this is the group for you.  For questions or to volunteer to present a case, please contact Susan Shostak (740) 681-1031, or shostak@ohiohills.com

President’s Column

Maara Fink

For the past several weeks, I have searched in vain through all my old OMA newsletters, in an effort to find the “inaugural” article by any of our past-presidents.  My intention, of course, was to “lift” as much material as I could without ending up getting sued for plagiarism.  In spite of my best efforts, I came up empty-handed. So, here I sit in front of a blank screen trying to reduce into words all that I hope to achieve during my time as OMA President.  But, then I realized, who wants to hear all of that?  So, I’m going to try to boil it down to the basics.

Overall, my mission for the next two years is to continue the work of all those who have come before me and who have worked tirelessly to make this such a vibrant organization.  Now that the foundation has been laid, my goal is to build on these successes and make OMA not only a vibrant but a vital organization for its members.  I would like to know how you envision the OMA of the future? With a shared vision, we can ensure that our organization meets the needs of ALL members.

So, how do I think this all might be achieved?  Well, here’s my plan in a nutshell - I am asking you all to get involved! 

First, this column, at best, will provide you with a few witty remarks here and there but that’s about it.   I’m relying on those of you who are better at this than I, to submit informative, educational, funny, and/or enlightening articles for inclusion in the OMA newsletter.  Let us know what is going on in your neck of the woods – what is happening in your practice, at your court, or in your community.

Second, OMA is HITTING THE ROAD.  We know you are out there and we’re coming to find you!  I know that because of time and location, it is difficult for many of you to attend our wonderful bi-monthly meetings.  That is why we are coming to you.  In 2009, we would like to hold several of our meetings in various cities throughout the state.  If you are interested in seeing us or hosting us in your area, let us know! 

Third, tell me what you want and need from OMA.  In order to make this an organization that meets your needs, we have to know what they are.  Some we can help with, others (a tropical getaway) we can’t, but fill us in on it all anyway!

The point is, I can’t do any of this alone.  We, the OMA Board, are the facilitators but YOU are the parties.  I propose that we work together to build the OMA of the future. 

Have a wonderful summer!

Cincinnati Takes a “Break for Peace”

By Cathie Kuhl

In observance of Conflict Management Week, the Mediation Council of Greater Cincinnati and Northern Kentucky hosted Conflict Management Day on Fountain Square in downtown Cincinnati at lunch time on Monday, May 5, 2008.  The theme was “Break for Peace” and downtowners enjoying their lunch break on Fountain Square that day were treated to music and dancing, inspirational speakers, a raffle and the chance to meet and talk to representatives of local mediation service providers.

The program opened and closed with live music provided by Stan Hertzman and Barbara McManus--both trained mediators who also have great musical ability!  Before and after the program, the public was free to browse and talk to the many professionals who were staffing information tables on the Square. 

The emcee, Channel 5 television news reporter Michelle Hopkins, introduced the talented youth from the Cincinnati Recreation Commission’s “Unity Challenge Program” These young people entertained the crowd with their specially choreographed dance moves.  The Unity Challenge Program seeks to inspire and teach youth the skills that re-channel negative experiences, emotions, and energies into positive accomplishments and offer peaceful resolution as an alternative to violence.

Although these kids were a hard act to follow, our guest speaker, the Honorable Ethna M. Cooper, Hamilton County Court of Common Pleas, was up to the challenge.  She exhorted all of us to find peaceful ways to resolve conflict, just as the Unity Challenge youth were doing.  Next, City of Cincinnati Councilmember Jeff Berding presented a proclamation on behalf of the Mayor, proclaiming May 5^th as “Conflict Management Day in Cincinnati” and added his voice to those calling for peaceful resolution of conflict. 

Two local mediators were recognized during the program.  Diann Harper was recognized for the energy, time and hard work she expended as the Chairwoman of the Conflict Management Day Planning Committee; Cathie Kuhl was recognized for her contributions and achievements in the field of conflict resolution. 

Before the program ended, several door prizes (peace lilies, what else?) donated by local businesses were bestowed upon lucky raffle winners, businesses also donated the many snacks that were distributed to the crowd that day.   Everyone agreed that the “Break for Peace” was a huge success!

Mediators Play Key Role in Ohio Summit on Children

By Cathie Kuhl

The first Ohio Summit on Children, which Chief Justice Thomas Moyer and Governor Ted Strickland jointly hosted, took place in Columbus on May 1-2, 2008.   Teams from 79 of Ohio’s 88 counties came together to assess the local strengths and challenges in the delivery of services to children.  

Teams consisted of judges, children’s service agency directors, representatives from local funding authorities, school system administrators and service providers.  The goals for the Summit were to build on existing initiatives and to foster collaborative efforts between county teams and the state to enhance the safety, well-being and permanent home environments of Ohio children. (More information about the Ohio Summit on Children can be found at www.summitonchildren.ohio.gov .)

During the two days of the Summit, team members engaged in a structured process to assess their county’s strengths and challenges, to review their county’s data, to identify issues and needed services, to identify others who should be involved, and to agree upon a local community plan for future action.

If that process sounds similar to mediation, it should come as no surprise that dozens of Ohio mediators volunteered their time and acted as facilitators for the county teams during the Summit.  "Because of their unique skill-sets and experience, mediators played a key role in guiding team discussions at the Summit on Children,” said Chief Justice Moyer. “With the mediators' facilitation, each county team developed a collaborative plan.  It is the implementation of these plans that will ultimately determine the success of the Summit."

When Crevon Tarrance, a Program Manager of the Supreme Court’s Dispute Resolution Section, learned that she was responsible for arranging facilitators for the event, she “instantly thought of contacting mediators in Ohio.”  Ms. Tarrance’s instincts proved true as two out of every three facilitators recruited for the Summit were mediators.  “A side benefit of using mediators at the Summit is that a lot of people across the state were exposed to mediators,” Ms. Tarrance said, “and experienced how mediators can help with individuals and families.”   In addition, a video presentation on the first day of the Summit featured the Lucas County Juvenile Court Child Protection Mediation Program as an example of innovative programming for children.

The value of collaboration was a constant theme during the Summit. The judicial and executive branches of state government set the example by working together to bring about the event and to garner funding from the Pew Charitable Trust and other federal grants.  Presenters at the Summit included Joan Ohl, Commissioner of the Administration for Children, Youth and Families, U.S. Department of Health and Human Services, Helen Jones-Kelly, Director of the Ohio Department of Job & Family Services, the Honorable David A. Basinksi, Administrative Judge of the Lorain County Domestic Relations/Juvenile Court, Honorable William Byars, Jr., South Carolina Department of Juvenile Justice Director, and Jim Tressel, Ohio State University Head Football Coach.  In addition to those notable speakers, the Summit recognized the value of seeking youth perspectives and provided attendees with a stirring keynote address by OSU student Cedric Riley, an Ohio foster care and adoption alumna, as well as a video presentation featuring several foster youth.

The message of collaboration resonated with the attendees.  Steve Hanson, the Supreme Court’s Children, Families and the Courts Programs Manager, said that the county teams “overwhelmingly recognized the value of intersystem collaboration” based on feedback from the Summit.  Mr. Hanson also said that a number of counties want to hold their own local Summits and that some of the county teams have requested facilitators to assist with the ongoing development of their local plans.  Mr. Hanson expects that the Supreme Court may assist in connecting county teams with facilitators upon a county’s request.

The first Ohio Summit on Children was, by all accounts, a huge success.  Mediators across Ohio can take pride in knowing that their colleagues contributed to that success. 

The Foreclosure Crisis – Foreclosure Mediation Is Helping

By Stephen Grenier

I returned from the June 6^th “Supreme Court Roundtable on Foreclosure Mediation” excited and disheartened. Excited by the success the Foreclosure Mediations are having by keeping families in their homes.  Disheartened that many courts still don’t have a Foreclosure Mediation program.

Ohio ranks in the top six worst hit states facing foreclosures with over 153,000 foreclosures filed in 2007.  The Mortgage Bankers Association just reported that “Once again this quarter, the rate of foreclosure starts and the percent of loans in the process of foreclosure are the highest recorded since 1979.”  Cuyahoga and Franklin County are seeing a 75%-90% increase in Foreclosure filings over last year for all homes across all demographics.  Personally, I’m mediating Foreclosures on homes worth up to $500k so far.

 “Save the Dream” 

 “Save the Dream” is Ohio’s foreclosure prevention effort from Governor Strickland’s Foreclosure Prevention Taskforce in 2007.  The Governor negotiated with nine Mortgage Servicers who signed the “Compact to Help Ohioans Preserve Homeownership.”

Ohio Supreme Court Chief Justice Moyers urged, on February 5, 2008, Ohio Judges to customize and implement a pre-packaged Foreclosure Mediation Model that was complete with templates for court rules, sample forms, free training and implementation assistance to achieve the goal of giving “individuals involved in foreclosure cases the same access to mediation that has been regularly provided in other types of civil cases for over a decade”. 

How the Legal Community is Responding

Most Ohio counties, including Franklin County, have yet to implement a Foreclosure Mediation program.  Meanwhile, homeowners are being forced out of their homes, every day, at alarming rates.

 The Ohio Supreme Court Dispute Resolution department has trained over 275 attorneys and mediators, representing forty-six of the eighty-eight Ohio counties, in classes across the state.  Cuyahoga County just implemented their program that requires the Lender to appear in person for mediation.  Delaware County, where I primarily practice, announced their Foreclosure Mediation program in March. Both Common Pleas judges, Judge Krueger and Judge Whitney, are strong advocates of the Foreclosure Mediation program and are experiencing great success.  Delaware County, comprised of Delaware, Powell, Lewis Center, Galena and Westerville, has been the fastest growing county in Ohio since 2000 and has one of the highest percentages of foreclosure filings.

Job and Family Services is among some of the best referrals to these home owners. In the last two months in Delaware County alone, sixteen families have received over $35,000 in assistance paid directly to their lender to avoid foreclosures by the Delaware County Job and Family Services.

The Results We Are Seeing

At the roundtable, there was a collective excitement that many foreclosure Mediations are resulting in a “workout” where the homeowner keeps the home, which is the ultimate goal.  We are seeing one of three primary outcomes; a Forbearance Plan and or a Mortgage Modification that keeps the homeowner in their home.  The third is a Deed in Lieu of Foreclosure where the homeowner surrender’s the home and the move out date, amount of 1099 income reporting and amount of deficiency can be negotiable.

As a non-native Ohioan, I’m proud to see this great State and Supreme Court rise to the occasion to help Ohioans Save their Dreams!

Stephen Grenier

Mediator & President

Progressive Consulting & Mediation

Private Practice and Court Mediator in the Delaware and Franklin Municipal, Domestic and Common Pleas courts

Sources: