Ohio Mediation Association
A Bi-Monthly Publication
President: Jay Patterson (614) 403-3825 E-mail: email@example.com
Immediate Past President/Mediate Ohio Editor: Shirley Cochran (614) 863-4775 E-mail: firstname.lastname@example.org
Vice President: Phil Dunfee (740) 366-3297 E-mail: email@example.com
Treasurer: Sheri Center (614) 783-7281 E-mail: firstname.lastname@example.org
Secretary: Christy Radigan (614) 855-6926 E-mail: email@example.com
Mark your Calendars for our exciting 2007 meetings!! (First Friday of the even numbered months except our conference or April meeting since it is at a facility for conferences.)
December 7, 2007 Probate and Guardianship Mediation. Ann L. Snyder,
Magistrate Summit County Probate Court
February 1, 2008 TBA
May 9, 2008 Annual Conference at the Riffe Center with Larry Fong! Dr.
Fong is a Past President of the Association of Conflict
Resolution (ACR) and is a well known lecturer. Put this on your calendar now for a day of tool box information.
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 firstname.lastname@example.org
UMA AFTER TWO YEARS
BY SHIRLEY COCHRAN, JD
Ohio’s version of the Uniform Mediation Act or UMA became effective on October 29, 2005. Prior to effective date many groups banded together to try to let all mediators known to the groups that if there was a problem, to let someone connected to the Ohio Mediation Association, Ohio Commission on Dispute Resolution and Conflict Management, the Supreme Court of Ohio’s committee on Dispute Resolution or the Ohio Community Mediation Association know about it as soon as it happened. In the almost two (2) years since the UMA went into effect, this author has been made aware of only three subpoenas.
The First Subpoena—multiple parties involved in the discussions with the mediator, all working for same company with the discussion beginning after an employee was fired to see what they could do to keep the situation from happening in the future. Mediator worked on getting them to present a proposal to the management and management agreeing to what was proposed. Attorney for Plaintiff (former co-worker of the group involved in the mediation) subpoenaed the mediator and was on fishing expedition for anything that might help his client against the former employer. He did not understand what a mediation was—his idea was only two parties just before or after litigation filed. A motion to quash was filed and he withdrew subpoena before the judge could rule on the motion—he said he did not want his client’s case delayed any further by arguing over the subpoena. The mediator could have used an agreement to mediate which would have bolstered argument that it was a mediation not some sort of consulting being done by the mediator, which was what the attorney was arguing to avoid the privilege.
The Second Subpoena—domestic case where the male party kept agreeing to things in the mediation and then saying he did not understand what he had agreed to or that was not what he agreed to after the mediation session ended. The attorney for the female subpoenaed mediator to have her testify as to agreement being reached and the content of said agreement. The attorney had not given mediator the fourteen (14) days’ notice required so the mediator called attorney about that and discussed fact that mediator does not have to testify and so it was dropped. The attorney was frustrated that the male party kept agreeing in mediation—multiple sessions and then when it came time to back it up in court, denied he understood or that he had agreed, but the attorney understood she could not force mediator to testify under UMA. The mediator could have used an agreement to mediate and a memo of understanding signed by parties before leaving especially after he kept reneging on what he had agreed to in session.
The Third Subpoena—The parties represented by attorneys in mediation reach agreement and attorneys are going to draft settlement papers. When one party got the papers, disagreed that content was what he agreed to and refused to sign them. Other side wants mediator to testify as to content of mediated agreement to implement what was agreed upon. This case was in court already but matter was put off until it could be mediated. The mediator sort of wanted to testify as the one now saying that is not what he agreed to was a pain during the mediation and it is what was agreed upon but he understood the problem with doing so under the UMA unless both parties agree and mediator thinks he should. After speaking with the mediator on the phone that it was probably not a good idea for him to testify about the settlement, he decided to testify at the hearing to determine if there had been a settlement of the case. He used the section of the UMA that talks about what a mediator can relay to a court—if a mediation was held, who was there and if there was a settlement and only testified as to those issues. When asked other questions, he asserted the privilege and the Judge did not require him to testify to those matters. The parties had testified without objection as to what they thought the agreement had been before the mediator testified. The trial judge held there had been a mediation and that there had been a settlement of the case according to the terms testified to by the parties.
In these types of cases where there is a dispute as to the terms of the agreement and if there was an agreement, one mediator suggests tearing up the written agreement and starting from scratch since at least according to one person there is no agreement. My only question is does that reward the one who reneges? Some people assert that oral contracts are not worth the paper they are written on (Yogi Berra) or that they are unenforceable in court. The following is an example of an oral contract, the issues involved and the difference if the oral agreement is reached in a mediation: Neighbor A and B agree during a conversation that A should have someone come out and cut down the tree that is threatening both houses and each will pay half. When B gets the half of the bill, saying it is too much, refuses to pay A anything. There is an oral contract between A and B and A can take B to court and prove the contract by testifying, calling B on cross-examination and anyone who witnessed the agreement to pay half of the costs. If this conversation is in a mediation, without an agreement in writing signed by both or all parties, there is a privilege and no testimony can be provided unless both or all parties agree. So it may as Yogi Berra said if the proof of an oral agreement involves a mediation under the UMA.
In conclusion, so far only three possible subpoenas have come to light in 23 months of effectiveness. None of the mediators have been forced to testify so far although one did voluntarily but to a limited amount of material and there has been one ruling on a case but not on the issue of the mediator’s privilege. The UMA seems to be working to keep what goes on in mediation, in the mediation. If any mediator is subpoenaed, please advise someone in the mediation community so someone can assist with information if not representation to assert the privilege.
Shirley A. Cochran is an attorney and mediator in Columbus. She is a past President of the Ohio Mediation Association and past chair of the Ohio State and Columbus Bar Associations’ Committee on Dispute Resolution and was part of the panel of speakers presenting on the UMA upon its introduction in 2005.
Monthly Presenters for OMA
by Sandra Fredrick
I wanted to let the members of the Ohio Mediation Association aware that I will be coordinating the monthly presenters for our organization. I am very interested in any appealing presenters and if you feel you have a new program or approach that you would want to share with your peers it would be appreciated. Please contact me with ideas as well The following are ways to contact me: Sandra Fredrick, (937) 225-4099 or I can be reached by e-mail at email@example.com I look forward to hearing from you.
What was the SuperMeeting?
On Thursday, October 11, 2007, the Supreme Court of Ohio Judicial College hosted a “SuperMeeting” at the Crowne Plaza North (formerly the Columbus Marriott North) in Columbus, Ohio. The SuperMeeting, held once every three years, is a day of court personnel education presented in conjunction with the Fall conferences of several court professional associations. Morning sessions that day included Chief Justice Thomas J. Moyer addressing attendees about “Future Trends in Courts” and Mary Campbell McQueen discussing “Court Performance Standards”. The afternoon session was devoted to the topic, “Generations in the Workplace”, with presenter Craig Pourciau, who concentrated on the challenges, benefits and opportunities of multi-generations in the workplace. Members of the OMA Board attended although not actually a “court” professional association as many of the OMA members are court connected or court personnel.
Mediate Ohio Material: Please send material for Mediate Ohio by the 20th of the even numbered months to permit publication in the newsletter. The next deadline is December 20, 2007. My address is 2897 Liberty Bell Lane, Reynoldsburg, OH 43068 Phone/fax: (614) 863-4775 E-mail: firstname.lastname@example.org Thanks, Shirley Cochran, Editor
Job Announcements: There are some announcements that become available for the meetings. Be sure to attend the meeting and check Mediate Ohio for openings we might receive notice of and if you have a position you would like to have listed, provide it by the deadline to the Editor. In addition, watch for e-mails from the OMA President. An additional website to check is at Mediate.com: http://www.mediate.com/jobs/
THE MEDIATION COUNCIL OF GREATER CINCINNATI
The Mediation Council of Greater Cincinnati, which has been in existence since the mid-1980’s, is a networking organization of mediators who live or practice in the greater Cincinnati area. The group meets at noon on the second Wednesday of each month from September – May to learn about matters of interest and share information. Members as well as non-members are welcome to attend the meetings; annual membership fees are $15.00. Meeting Time: 11:30 a.m. – 1:00 p.m. Location : The Health Foundation of Greater Cincinnati* Rookwood Tower (5th Floor) 3805 Edwards Road, Suite 500 *Health Foundation will not allow food to be brought in to its facility. Please Note: with the exception of the September meeting, the schedule of presenters and topics may be subject to change. Join the Mediation Council for monthly meeting reminders with updated information. If you have questions or need information, contact Marie Bader at 859-380-2137
2007-2008 Meeting Schedule
Please Note: The following schedule of presenters and topics may be subject to change.
January 9, 2008 – The new NKU ADR Center Presenters Michael Carol, Director & Lou Manchise, Management Lecturer
February 13, 2008 – Truancy Mediation in Hamilton County Presenter to be named
March 12, 2008 – Peer Mediation Presenter Jane Rega, Executive Director, The Center for Peace Education
April 9, 2008 – Book Review of Beyond Reason by Roger Fisher and Daniel Shapiro Discussion leader Bea Larsen
May 14, 2008 – The group meets for its Annual Luncheon gathering at a restaurant to be named later.
If you have questions or need information, contact Donna Dansker: 513/821-0767
Association for Conflict Resolution News
Upcoming ABA Section of Dispute Resolution Sponsored Events:
April 2-5, 2008 Tenth Annual Section of Dispute Resolution Conference Sheraton Seattle, Washington
August 7-9, 2008 ABA Annual Meeting New York
April 15-18, 2009 Eleventh Annual Section of Dispute Resolution Conference Sheraton New York Hotel & Towers New York
July 30-August 1, 2009 ABA Annual Meeting Chicago, Illinois
Renewing, New Members and Additions/Corrections to the Directory (not the entire list of members—see the directory at our web site for that list): New and renewing members may send applications to Immediate Past President, Shirley Cochran at 2897 Liberty Bell Lane, Reynoldsburg OH 43068. Contact Shirley for membership applications. A membership application can be sent electronically for your convenience or you can download it from the OMA website www.mediateohio.org If there is a correction or an addition, please let Shirley know but only you can correct the directory on the website. If you have misplaced your membership number and password, please contact Christy Radigan for assistance.
|Capital Mediation Associates LLC c/o J. Christopher Scott
445 Hutchinson Ave. Suite 800
Columbus OH 43235
Fax: (614) 538-8056
|Gregory L. Edmonds
5585 Broadview Road
Columbus OH 43230
|(614) 506-3782 (cell)|
200 Rathbone Road
Marietta OH 45750
|Denyse M. Fordham, MAEd
200 Rathbone Road
Marietta OH 45750
Fax: (740) 373-5210
|Joseph Legal Services Co. LPA
Brett R. Joseph, Esq.
337 Keefus Road
Conneaut OH 44030
|Lucas Co. DR Court
c/o Denise Logan
429 N. Michigan St., Ste. A
Toledo OH 43604-5621
Fax: (419) 213-6808
|James P. Luton
Attorney at Law
131 S. Prospect Street
Marion OH 43302
Fax: (740) 375-5372
|Northwest Ohio Court Mediation Services c/o Christopher DelFavero
660 North Perry St. Suite 403B
Napoleon OH 43545
Fax: (419) 592-2759
|Resolve Mediation Services LLC c/o Denise Nixon-Sparks
4200 Regents St. #200
Columbus OH 43219
Fax: (614) 944-5796
Attorney at Law
2680 Southridge Drive
Columbus OH 43224
TRAINING & WORKSHOPS:
Community Mediation Services of Central Ohio and the Columbus Bar Association Basic Mediation Training November 28 & 29, 2007 or February 20 & 21, or April 16 & 17, 2008, and 40 Hour Domestic Mediation Training May 1, 2, 6, 7, & 8, 2008. Presenter Shelley Whalen, Executive Director of CMS and a past president of OMA Training site 91 Jefferson Avenue, Columbus OH, the Thurber Center CLE and CEU’s Contact CMS (614) 228-7191 or www.communitymediation.com Fax: (614) 228-7213 Mailing address: 67 Jefferson Avenue, 2nd Floor, Columbus OH 43215.
Capital University Law School Center for Dispute Resolution
Center for Dispute Resolution, Capital Law School, 303 E Broad Street, Columbus OH 43215-3200, Phone (614) 236-6430/ Fax (614) 236-6956 CDR Directors include Roberta S Mitchell and Scot E Dewhirst, Co-Directors of the Center, and Terrence T Wheeler, Executive Director of the Center. Please visit our website at www.law.capital.edu/disputeresolution to gain more detailed information on our trainings or to register on-line.
Cleveland Mediation Center United Office Building, Suite 906 2012 West 25th Street Cleveland, Ohio 44113 2005 Presenters include Dan Joyce and Wendy Hawbaker For further information on all training contact: Bob Curtis, Training Co-coordinator Phone: (216) 621-1919, extension 500 Fax: (216) 621-3202 E-Mail email@example.com .
SAVE THE DATE for our next International Conference Aug. 25-26, 2008, in Santa Barbara, California “New Waves of Transformative Practice: New Voices, New Frontiers, New Challenges” Contact us for the most up-to-date training in Transformative Mediation and Conflict Intervention! Visit us at www.transformativemediation.org Fulfilling the Promise of Mediation…
Web Sites of Interest:
Ohio Mediation Association: www.mediateohio.org
Ohio Commission on Dispute Resolution and Conflict Management: www.disputeresolution.ohio.gov/
Ohio State Bar Association: www.ohiobar.org
Mediation Association of Northeast Ohio (MANO) www.manomediate.org
DIRECTIONS TO OMA MEMBERSHIP MEETING LOCATION—MCL CAFETERIA
Schrock & Westerville Roads, Westerville Phone: (614) 818-1700
All meetings begin at 11:00 AM with the program immediately following
From Western Ohi Take I-70 East to I-270 North Two exits past I-71 is Westerville Road Take the part of the exit that will take you north on Westerville Road Either turn right at Schrock Road, left at the light at Otterbein Road, and left into the shopping center (first driveway on left) or cross Schrock Road to next light, turn right into shopping center and follow driveway to far end of the center
From Southwestern Ohio: Take I-71 North through town to I-270 East two exits to Westerville Road Take the part of the exit that will take you north on Westerville Road Either turn right at Schrock Road, left at the light at Otterbein Road, and left into the shopping center (first driveway on left) or cross Schrock Road to next light, turn right into shopping center and follow driveway to far end of the center
From Northern Ohio: Take I-71 South to I-270 East two exits to Westerville Road Take the part of the exit that will take you north on Westerville Road Either turn right at Schrock Road, left at the light at Otterbein Road, and left into the shopping center (first driveway on left) or cross Schrock Road to next light, turn right into shopping center and follow driveway to far end of the center
From Eastern Ohio: Take I-70 West to I-270 North to the Westerville Road exit Take the part of the exit that will take you north on Westerville Road Either turn right at Schrock Road, left at the light at Otterbein Road, and left into the shopping center (first driveway on left) or cross Schrock Road to next light, turn right into shopping center and follow driveway to far end of the center