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July / August 2008

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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
by 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 5th 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 6th “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:

http://www.sconet.state.oh.us/dispute_resolution/foreclosure/ChiefLetter.pdf
http://www.com.ohio.gov/SavetheDream/
http://governor.ohio.gov/Default.aspx?tabid=927
http://www.sconet.state.oh.us/dispute_resolution/foreclosure/default.asp
http://www.mortgagebankers.org/NewsandMedia/PressCenter/62936.htm

WANTED CONTRACT MEDIATORS: The Common Pleas Courts of Meigs and Gallia Counties are seeking mediators who would like to be listed on a roster of mediators willing to travel to Gallipolis and or Pomeroy, OH to mediate both civil and domestic relations cases if the staff mediator should be unable by absence or conflict of interest to mediate scheduled cases. Any mediators wishing to be included on the roster may apply by sending a resume to Martha Camp, Meigs County Court of Common Pleas, 100 2nd Street, Pomeroy, OH 45769.

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 fredricks@mcohio.org I look forward to hearing from you.

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 August 20, 2008. My address is 2897 Liberty Bell Lane, Reynoldsburg, OH 43068 Phone/fax: (614) 863-4775 E-mail: scochran@insight.rr.com Thanks, Shirley Cochran, Editor

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 If you have questions or need information, contact Donna Dansker: 513/821-0767

Antioch University McGregor Announcement
Richard J. McGuigan, Ph.D., will be joining the Antioch University McGregor faculty this July as the Chair of the Conflict Analysis and Management Department. Dr. McGuigan, with more than two decades of experience leading one of Canada’s most successful dispute resolution practices, brings impressive expertise in transformational reflective practice, public policy development, community engagement, academic leadership, and professional development programming. Please review Dr. McGuigan’s faculty page at http://www.mcgregor.edu/faculty/rmcguigan/index.html to learn more about him. With Dr. McGuigan’s leadership, we will be launching our newly revised programs in Conflict Analysis and Management (CAM) this fall. These innovative programs are designed with three unique hallmarks through which our learners develop an appreciation for the ways values, beliefs, and theories influence personal and professional approaches to conflict.

An integral approach to understanding conflict Transformational reflective practice

A Developmental curriculum Our CAM programs expand McGregor’s 15-year legacy as a leader in innovative graduate education in the conflict field. In addition, we continue our rich tradition of serving students who choose to continue to meet obligations to family, work, and home community as they develop into artful and skilled theorist practitioners. We offer a limited residency, online master of arts degree (18 months, 48 credits) and graduate certificate (9 months, 24 credits).  We encourage you to learn more about us by going to our website (http://www.mcgregor.edu/cr). If you would like to learn more about how our master’s degree will be able to fit into your already busy life, or to apply, please contact me at iweisman@mcgregor.edu or 937.769.1890 or Rob McLaughlin, Enrollment Services Manager, at robmclaughlin@mcgregor.edu or 937.769.1816. Sincerely, Iris M. Weisman, Ed.D. Associate Dean Graduate Liberal and Professional Studies

Upcoming ABA Section of Dispute Resolution Sponsored Events:

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 Denise Sparks for assistance.

New and renewing members since April 19, 2008:

Joseph W. Anyimadu 

3446 Cunard Square

Columbus OH 43227

(614) 441-4243 

Fax: (614) 475-7279

Newstar11@columbus.rr.com

TALK WORKS! Mediation Services 

c/o Marie U. Bader
P.O. Box 176206
Covington KY 41017-6206

(859) 380-2137 

mubader@insightbb.com

Amy R. Bayliff 

1626 Oakland Parkway

Lima OH 45805

(567) 204-6556 

AMY@BAYDAISY.COM

Stephen P. Calardo, JD 

Calardo Mediation Service
5608 Harrison Avenue
Cincinnati OH 45248-2314

(513) 598-5000 

Fax (513) 598-5500

scalardo@fuse.net

Martha Camp Meigs Co. Court of Common Pleas 

100 E. 2nd Street, Box 302

Pomeroy OH 45769

(740) 992-6439 

meigscountymediation@yahoo.com

Clinton County Juvenile Court c/o Maggie Henry
46 S. South Street
Wilmington OH 45177
(937) 383-3286 

Fax (937) 383-1245

mhenry@clintoncountycourts.org

Conflict Solutions Ohio, LLC Dale Eilerman
3797 Willow Creek Drive
Dayton OH 45415
(937) 219-4996 

dale@conflictsolutionsohio.com

Iris A. Cooper, Ohio Department of Development 

77 S. High Street, POB 1001

Columbus OH 43216-1001

(614) 728-7367 

Fax: (614) 466-0829

icooper@odod.state.oh.us

John J. Cruze Hamilton Co. Common Pleas ADR 

1000 Main St. Room 450
Cincinnati OH 45202

(513) 256-6642 

Fax: (513) 946-5477

jcruze@cms.hamilton-co.org

William F. Denkewalter, Houston, Harris & Denkewalter LLC One Monument Square #200 P.O. Box 38130 

Urbana OH 43078

(937) 653-7186 

Fax: (937) 653-3293

wfdesq@ctcn.net

Maara Fink University of Toledo College of Law 

2801 Bancroft Street
Toledo OH 43606

(419) 530-4236 

Fax: (419) 530-2605

Maara.Fink@utoledo.edu

Dr. Larry Fong, R. Psych, Fong Ailon Canniff Suite 115—1st Street SW 

Calgary, AB T2P 0B3 Canada

Phone     1,403,266,2017 

Fax          1,403,266,4998

fong@worldpsych.ca

Franklin County Domestic Relations & Juvenile Court c/o Marya Kolman 

373 S. High St. 3rd Floor

Columbus OH 43215-4598

(614) 462-5872 

Fax: (614) 462-3748

Marya_Kolman@fccourts.org

Franklin Co. Municipal Court Pat Benchia, Asst. Manager Small Claims Division 375 South High St., 16th Floor 

Columbus OH 43215-4520

(614) 645-8500 

Fax: (614) 645-8465

benchiap@fcmcclerk.com

Guardian Settlement Services Germaine LeBourveau-Smith 

5151 S. Main Street, Suite E

Sylvania OH 43560

(419) 517-4081 

Fax: (419) 517-5081

germaine@getguardian.com

Jessica M. Harmon Harmon ADR Services 

98 Kelly Marie Drive

Pataskala OH 43062

(614) 403-3590 

harmonmediation@earthlink.net

Daniel Gibson Harry 

P.O. Box 45

Bethany WV 26032

(304) 829-4807 

Dang_harry@yahoo.com

Wendy S. Hawbaker Ashtabula County Joint Court Mediation Project 

25 West Jefferson St.

Jefferson OH 44047

(440) 576-3239 

Fax: (440) 576-4639

WSHawbaker@co.ashtabula.oh.us

Joseph Law Services Co., LPA 

c/o Brett R. Joseph, Esq.

293 Main Street

Conneaut OH 44030

(440) 599-1445 

Fax: (440) 599-2199

brett@josephlawservices.com

Edward M. Krauss Dispute Resolution, Inc.
783 South Sixth Street
Columbus OH 43206-2130
(614) 444-5872 

ekek783@sbcglobal.net

Maryann T. Liguore, Esq. 

N 1792 County Road V

Denmark WI 54208

(920) 863-1792 

Fax: (920) 863-1793

mliguore@hotmail.com

Rex A. Littrell Ulmer & Berne LLP 

88 East Broad St., Suite 1600

Columbus OH 43215

(614) 229-0012 

Fax: (614) 229-0013

rlittrell@ulmer.com

Beverly Lowery
6775 Meadow Creek Dr. #207
Columbus OH 43235-7980
loweryb5@aol.com
Lucas Co. DR Court c/o Denise Logan
429 N. Michigan St., Ste. A
Toledo OH 43604-5621
(419) 213-6800 

Fax: (419) 213-6808

dlogan@co.lucas.oh.us

James P. Luton Attorney at Law 

131 S. Prospect Street

Marion OH 43302

(740) 382-6588 

Fax: (740) 375-5372

Lutonlaw@brightdsl.net

Michael Angelo Massa, J.D. 

3920 Sandstone Circle

Powell OH 43065

(614) 204-3770 

MichaelMassa@msn.com

Rob McLaughlin, M.A. Antioch McGregor 

800 Livermore Street

Yellow Springs OH 45387-1609

(937) 769-1816 

Fax: (937) 769-1804

robmclaughlin@mcgregor.edu

Jerome F. Weiss, Mediation, Inc. 

1600 Midland Building 101 Prospect Avenue W.Cleveland OH 44115

(216) 589-9995 

Fax: (216) 589-9723

mediator@mediationresolve.com

Cynthia Morgan 

2968 Meadowbrook Blvd.

Cleveland Heights OH 44118

(216) 371-0607 

Fax: (216) 397-5671

CMBMORGAN@GMAIL.COM

LaTanya L. Moss Creative Solutions Mediation Services 

7715 Waggoner Chase Blvd.

Blacklick OH 43004

(614) 626-0600 

Fax: (614) 626-0600

LMOSS1@hotmail.com

Mary E. Murphy 

2639 M.L. King, Jr. Drive

Cleveland OH 44104

(216) 721-8945 

murnak@sbcglobal.net

Brenda Ohlinger Solution Builders Mediation Services
5900 Sawmill Road, Suite 110 Dublin OH 43017
(614) 761-2540 

Fax: (614) 761-2988

ohlingermb@columbus.rr.com

Resolve Mediation Services LLC c/o Denise Nixon-Sparks 

4200 Regents St. #200

Columbus OH 43219

(614) 944-5764 

Fax: (614) 944-5796

dnsparks@resolvemediationservices.com

Carolyn Streit Roehrig 

10428 Lee’s Creek Road

Harrison OH 45030

(513) 246-0511 

Fax: (513) 246-0525

CarroleMarie@aol.com

Barbara K. Roman, Meyers Roman Friedberg & Lewis 

28601 Chagrin Blvd. #500

Cleveland OH 44122

(216) 831-0042 

Fax: (216) 831-0542

broman@meyersroman.com

Vivian T. Russell
1504 Venice Drive
Columbus OH 43207
(614) 491-5597 

Fax (614) 491-3404

Russellviv@aol.com

Shaker Mediation Center, LLC. Matt Mennes, JD 

3401 Enterprise Parkway # 340

Beachwood OH 44122

(216) 766-5717 

Fax: (216) 766-5796

Mennesm@aol.com

www.shakermediation.com

Nancy J. Savage
9301 Huntshire Ave. NW
North Canton OH 44720-8258
(330) 499-3069 

N.J.SAVAGE@SBCGLOBAL.NET

Edward M. Schneider Maguire Mediation 

190 East Avenue

Tallmadge OH 44278

(330) 633-0666 

Fax: (330) 633-0626

ed@maguirelegalgroup.com

Patti Smith
3478 Run Around Road 

Junction City OH 43748

(740) 987-7466 

Fax: (740) 987-7466

confidentialjustice@yahoo.com

Leslie Swift, Ph.D.LLC
7654 Montgomery Road
Cincinnati OH 45236
(513) 791-8849 

Fax (513) 791-8873

drswift@fuse.net

Paula J. Trout, JD, MBA, MPA, CTM Alternative Dispute Resolution Forums 

589 Locust Court

Westerville, Ohio

Phone: 614-893-8308 

pjtroutmlm@aol.com

Watkins Global Network, LLC c/o Mario W. Watkins 

3556 Sullivant Avenue

Columbus OH 43204

(614) 351-7420 

Fax: (614) 351-7430

Global.i3431@att.net

Denton S. Whitney 

5737 Sells Mills Drive

Dublin OH 43017

(614) 734-0415 

Whitney.51@osu.edu

Robert N. Wistner, JD Wistner Center for Collaborative Divorce Planning 

5650 Blazer Parkway, Suite 100

Dublin OH 43017

(614) 734-8354 

Fax: (614) 717-9586

rwistner@columbus.rr.com

Kevin R. Zehe Mid Ohio Mediation Services 

P.O. Box 3895

Mansfield OH 44907

(419) 774-9262 

Fax: (419) 774-9264

medohiosrv@hotmail.com

 

TRAINING & WORKSHOPS:

Community Mediation Services of Central Ohio and the Columbus Bar Association Basic Mediation Training September 10 & 11, or December 3 & 4, 2008 or February 18 & 19, or April 15 & 16, 2009 and 40 Hour Domestic Mediation Training October 15, 16, 21, 22, & 23, 2008 or May 6, 7, 12, 13, & 14, 2009. 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 training@clevelandmediation.org .

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…

Center for Dispute Resolution and Conflict Management Southern Methodist University, 5228 Tennyson Parkway, Suite 118, Plano TX 75024 dispute.resolution@smu.edu (972) 473-3435 www.resolution.smr.edu Systems Design in Dispute Resolution September 19-21 & 26-28, 2008 Judy Mares-Dixon, M.A.

The 2008 Professional Skills Programs in Dispute Resolution: Vermont October 23-25, 2008 Mediation Workshops: STAR: A Systematic Approach to Mediation Strategies, Advanced Mediation Skills and Techniques, Advanced Collaborative Family Law, Specialized Mediation Handling Challenging Employment, Professional Malpractice and Personal Injury Cases, Environmental and Public Policy Dispute Settlement Skills, The Impact of Culture and Gender on Mediation and Negotiation. To register or for more information visit www.straus.pepperdine.edu or call Lori Rushford at 310.506.6342

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

July / August 2007

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MEDIATE OHIO
Ohio Mediation Association
www.mediateohio.org

A Bi-Monthly Publication
July/August 2007

President: Jay Patterson (614) 403-3825 E-mail: jmpmediation@ameritech.net
Immediate Past President/Mediate Ohio Editor: Shirley Cochran (614) 863-4775 E-mail: scochran@insight.rr.com
Vice President: Phil Dunfee (740) 366-3297 E-mail: phil@phildunfee.com
Treasurer: Sheri Center (614) 783-7281 E-mail: findingcommonground@yahoo.com
Secretary: Christy Radigan (614) 855-6926 E-mail: cradigan@insight.rr.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.)

August 3, 2007 How is the UMA doing in Ohio? A year and a half’s perspective. Shirley Cochran, Attorney at Law and Mediator.

October 5, 2007 Mediating with Schools to Meet Needs of Children with Disabilities. Steve Polovick, Mediation Coordinator Ohio Department of Education Office of Exceptional Children

December 7, 2007 Probate and Guardianship Mediation. Ann L. Snyder, Magistrate Summit County Probate Court 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
By Jay M. Patterson
An Easy Way to Help Yourself by Helping the Whole

As most of you know, I have a deep seeded belief that every mediator has an obligation to play her or his personal role in advancing this profession that has yet to realize its true potential for improving quality of life. (In the past, you might have, indeed, heard this theme from me a time or two or three…or more.) Fulfilling that obligation can come in many forms. We don’t all need to contribute in the same way. Mediators can find the path that fits them best. The key is to find some route to do more than simply the good work we do with our own clients.

So, for those of you that have yet to find a way to contribute in a fashion that suits you, I have another suggestion for an easy way for you to help your profession advance. You can simply contact one or more mediators you know that might not yet be a member of OMA and urge them to join the only statewide professional mediation association serving all regions, styles and settings of mediation. In order to make this as easy as possible for you, we have drafted a template letter available on our web site, www.mediateohio.org for you to use in whole or to modify to your satisfaction. You can simply click on “Join OMA! Letter” and use this Word formatted document to forward via email or regular mail to other mediators. In this way, you can help OMA build resources to act on behalf of the profession as a collective whole. This, in turn, will help all individual mediators.

I believe our profession’s best days are ahead of us. I also believe those better days will not occur automatically. Our future as a profession rests largely on our ability to be less passive as a profession and by asserting ourselves as the true professionals we are. In my opinion, we can best achieve this through the collective action that starts with individual commitment.

As always, I invite you to share your thoughts either in agreement or disagreement to me, personally, or in a letter to the editor of this newsletter, Mediate Ohio.

Ohio Commission on Dispute Resolution Supports Ohio’s Youth with Diverse Programming
By Sarah Wallis

The Ohio Commission on Dispute Resolution and Conflict Management serves as a source for information and technical assistance in the areas of mediation, facilitation, conflict resolution education and much more. However, the Commission is unique as a Dispute Resolution state agency in that it has a position dedicated to supporting conflict resolution capacity in K-12 schools and colleges/universities throughout Ohio.

The Education section of the Commission is currently involved in an evaluation project with Vanderbilt University, a partnership with Cleveland State University and Temple University in Pennsylvania, as well as an innovative project to train staff in all eight Juvenile Corrections Facilities under the administration of the Ohio Department of Youth Services.

The Vanderbilt project is an evaluation of the effectiveness the Ohio model of comprehensive school based conflict management. The Ohio model consists of training a school based site team and providing follow up training throughout the year. In addition the program provides technical support, expertise, and guidance on implementing an action plan based on the School Conflict Management Resource Guides. The Resource Guides are a collection of hundreds of student oriented conflict management activities developed jointly by the Commission and the Ohio Department of Education (ODE). This model for building conflict management capacity has been implemented in over 800 schools throughout Ohio. It has been shown that with proper implementation, which includes each student in the building receiving 25 lessons on the conflict management concepts (understanding conflict, understanding emotions, communication skills and problem solving), the climate of a school will shift in a positive direction, and will reduce fights and office referrals.

The school site teams consist of at least one administrator and three teachers. The administrator is required as they set the tone for the building and are essential for sustainability. The rest of the school team is made up of other staff-i.e. school nurses, school resource officers, guidance counselors, or other teachers. After being trained the school team becomes responsible for implementing and coordinating the school conflict management curriculum. There are currently 50 schools throughout Ohio that are participating in the evaluation. Based on the results of this evaluation the Ohio model could be endorsed as a Federal best practice.

The partnership with Cleveland State University and Temple University is a project funded by the US Department of Education and the Gund Foundation of Cleveland. This project, Conflict Resolution Education in Teacher Education (CRETE) is designed to incorporate conflict resolution skills (problem solving, emotional literacy, understanding conflict) into the curriculum of teacher training programs. The incorporation of these skills will enhance the likelihood of teachers remaining in the teaching profession and being even more effective in the classroom. This program has just received extension funding for two years and will be expanding to the University of Akron and Goucher College in Maryland.

The Commission is also developing a pilot curriculum for teacher training programs based on interactive video simulations to enhance decision-making around conflict situations in classrooms and school settings.

The most recent area of interagency collaboration is the partnership with the Ohio Department of Youth Services (DYS). DYS and the Commission are working together to train staff in all eight DYS facilities and integrate the conflict management resource guides into the education and social work curriculum for the youth. This training is designed to build capacity within each facility to train their own staff and provide alternatives to physical altercations for both youth and employees.

This is an overview of the major projects of the Education section of the Ohio Commission on Dispute Resolution, if you are interested in learning more about these projects please contact Sarah Wallis at sarah.wallis@cdr.state.oh.us or 614-644-9275.

For information on other areas of Commission, including trainings and projects please go to www.disputeresolution.ohio.gov .

Don’t forget to renew your membership in OMA.

Due’s year is May 1st – April 30th each year.

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 fredricks@mc.ohio.org I look forward to hearing from you

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 August 20, 2007. My address is 2897 Liberty Bell Lane, Reynoldsburg, OH 43068 Phone/fax: (614) 863-4775 E-mail: scochran@insight.rr.com 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

Association for Conflict Resolution News
Mark your calendar to join colleagues and friends at the Association for Conflict Resolution Seventh Annual Conference “Rethinking the Table: People, Places and Practices” October 24-27, 2007 Held at the Phoenix Convention Center and Hyatt Regency Phoenix Hotel in beautiful downtown Phoenix, Arizona Program, hotel and travel information will be posted at www.ACRnet.org as details become available.

Conflict Resolution Day Facts at a Glance:

  • 2007 will mark the third annual celebration of Conflict Resolution Day
  • In 2006, there were at least 22 official proclamations from states, counties and cities recognizing Conflict Resolution Day
  • The conflict resolution day logo of a tree was designed to match the intention for Conflict Resolution Day to grow organically from the “grassroots.”
  • Conflict Resolution Day 2006 was celebrated in North America, South America, the Caribbean and Europe

Conflict Resolution Day 2007 is October 18. How will you celebrate? For great ideas and listings of past events,

visit www.ACRnet.org/crday.

ACR EXECUTIVE DIRECTOR SEARCH
Summary – JDG Associates has been engaged to conduct the search for the Executive Director position at the Washington, DC-based Association for Conflict Resolution. ACR is the nation’s largest professional association for mediators, arbitrators, educators and other conflict resolution practitioners. Its mission is to advance the practice, research, public understanding and teaching of conflict prevention and resolution. With more than 5,000 members, ACR works in a wide range of settings throughout the United States and around the world. A multicultural and multidisciplinary organization, ACR offers its members conferences, professional interest sections, insurance products, regional chapters, quality assurance initiatives, training standards, and public policy representation. The position reports to the Board of Directors and is responsible for instilling in the staff a team-oriented, community approach for working together, based on the values of ACR and the field of conflict resolution, as well as a culture of “customer-oriented” responsiveness to membership. ACR’s website is www.acrnet.org. Principal responsibilities:Working with the Executive Committee, Board of Directors, and staff to accomplish the goals and objectives of the organization; works with the Treasurer to ensure and maintain ACR’s fiscal integrity. Manages and supervises the administrative offices of ACR including oversight of all staffing and personnel issues, and the development and maintenance of policies and procedures. Supervises all aspects of educational events for the Association, including annual conferences, section conferences, professional development and technical assistance programming, as well as oversees the publication of ACR’s journal, newsletters and website. Works with the Board and staff to create, plan and coordinate long-range strategies, including the development and articulation of a compelling vision of ACR for its fundraising activities. Develops and strengthens partnerships with allied organizations and key stakeholders and constituencies; represents ACR at conferences and other events. Requirements: Bachelor’s degree with a major in public administration, business administration, behavioral health, communications or related discipline; Master’s preferred. Strong track record in management of a non-profit, member-based organization with sections and/or chapters very helpful, as would be experience in: Working with board of directors and committees; Organizing and managing large educational events/conferences; Promoting diversity and equity throughout an organization; Member recruitment and retention strategies; Fund raising; Promoting a positive image of an organization. Strong oral and written communication skills are essential. Reply T PAUL BELFORD, Principal JDG Associates, Ltd. 1700 Research Boulevard Rockville, MD 20850 301 340 2210 belford@jdgsearch.com

Upcoming ABA Section of Dispute Resolution Sponsored Events:

August 9-11, 2007 ABA Annual Meeting San Francisco California

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.

Correction: Barbara A. Venesy, Law Office of Barbara A. Venesy (not Offices)

Sandusky & Seneca Co. Co. Pleas Court Barbara J. Ansted
201 N. Park Avenue Fremont OH 43420
(419) 334-7436 

Fax (419) 334-8866

barbthemediator@sbcglobal.net

Martha L. Antolik
1424 Cole Court
Vandalia OH 45377
(937) 264-2336 

Martha.antolik@wright.edu

W004mla@who.rr.com

Stephen P. Calardo, JD 

Calardo Mediation Service
5608 Harrison Avenue
Cincinnati OH 45248-2314

(513) 598-5000 

Fax (513) 598-5500

scalardo@fuse.net

Conflict Solutions Ohio, LLC
Dale Eilerman
3797 Willow Creek Drive
Dayton OH 45415
(937) 219-4996 

dale@conflictsolutionsohio.com

Dan DeStephen, Center for Teaching and Learning Wright State University
3640 Colonel Glenn Hwy.
Dayton OH 45435
(937) 775-2067/264-2336 

Fax (937) 775-3152

Dan.destephen@wright.edu

1424 Cole Court

Vandalia OH 45377

Eleventh District Ct. of Appeals c/o Shibani Sheth-Massacci 

111 High Street, N.E.

Warren OH 44481

(330) 675-6681 

Fax: (330) 675-7842

ssmassacci@11thappealohio.us

Harmony Mediation/Consulting c/o Stephen E. Williams
237 Maple Street
Brookville OH 45309-1710
(937) 307-1988 

CAHSYS@VERIZON.NET

Diane M. Jeffers 

3693 Sunset Drive

Columbus OH 43221

(614) 296-7543 

mediationconcept@yahoo.com

Edward M. Krauss
Dispute Resolution, Inc.
783 South Sixth Street
Columbus OH 43206-2130
(614) 444-5872 

ekek783@sbcglobal.net

Rex A. Littrell 

Ulmer & Berne LLP

88 East Broad St., Suite 1600

Columbus OH 43215

(614) 229-0012 

Fax: (614) 229-0013

rlittrell@ulmer.com

Brenda Ohlinger
5900 Sawmill Road, Suite 110 Dublin OH 43017
(614) 761-2540 

Fax: (614) 761-2988

ohlingermb@columbus.rr.com

Michelle Parker 

3956 Darby Park

Hilliard OH 43026

(614) 774-5913 

Mchel5@aol.com

Julie A. Schafer, Esq.
755 White Pond Dr., Suite 403
Akron OH 44320
(330) 864-2003 

Fax (330) 864-7155

JASchafer@schaferlaw.com

Paula J. Trout, JD, MBA, MPA, CTM Alternative Dispute Resolution Forums 

589 Locust Court

Westerville, Ohio

Phone: 614-893-8308 

pjtroutmlm@aol.com.

Kent Valin Community Mediation Center of Stark Co. 5105 Beechgrove NE Canton OH 44705 (330) 492-3306 

kentandnora@neo.rr.com

Wood & Hancock County Common Pleas Courts c/o Michael E. Hyrne
One Courthouse Square, 1st Fl. Bowling Green OH 43402
(419) 354-9684 

Fax: (419) 354-0331

mhyrne@co.wood.oh.us

Lou Ann Wood
AAL Mediation Services
6726 Main Street
Newtown OH 45244
(513) 271-2223 

Fax (513) 0615

woodcandl@aol.com

NEWS: Mediation Training Institute International is for sale. MTI is the most prominent source of mediation training in the world. Acquisition by an Ohio ADR firm, academic institution, or large law firm would immediately propel the new owner to being the global leader in ADR training. Inquiries outside Ohio also welcome. This is a truly unique opportunity for a visionary entrepreneur in dispute resolution. Request the detailed prospectus at http://www.mediationworks.com/sale/ For MTI’s physical street address and telephone contact numbers, visit http://www.mediationworks.com/contact.htm

TRAINING & WORKSHOPS:

Community Mediation Services of Central Ohio and the Columbus Bar Association Basic Mediation Training September 12 & 13, 2007 and 40 Hour Domestic Mediation Training October 3, 4, 9, 10, & 11, 2007. 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 training@clevelandmediation.org .

Pepperdine University School of Law presents A World Class View of Dispute Resolution, the 20th Annual Professional Skills Program with seventeen courses, thirty-seven faculty, over 300 participants from around the world, two and a half days of interactive dialogue and in cooperation with Mediate.com. Woodstock, Vermont co-sponsored by Vermont Law School, October 4-6, 2007. To register or for more information, visit straus.pepperdine.edu or call Lori Rushford at 310.506.6342.

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

July / August 2006

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MEDIATE OHIO
Ohio Mediation Association
www.mediateohio.org

A Monthly(?) Publication July/August 2006

President: Jay Patterson (614) 403-3825 E-mail: jmpmediation@ameritech.net
Immediate Past President/Mediate Ohio Editor: Shirley Cochran (614) 863-4775 E-mail: scochran@insight.rr.com
Vice President: Phil Dunfee (740) 366-3297 E-mail: phil@phildunfee.com
Treasurer: Dan DeStephen (913) 775-2067 E-mail: dandestephen@wright.edu
Secretary: Christy Radigan (614) 855-6926 E-mail: cardigan@insight.rr.com
Web Guru: Martha Antolik (937) 264-2336 E-mail: w004mla@woh.rr.com

Mark your Calendars for our exciting 2006 meetings!! (First Friday of the even numbered months except our conference or April meeting since it is at a facility for conferences.)

October 6, 2006 Settlement Hearings: Christine Magee, JD, Chief Magistrate Montgomery County Domestic Relations Court with Beth Leger, Sue Tucker, and Sandra Fredrick, LSW Mediator and Judge Carol

J. Dezso of the Summit County Court.

December 1, 2006 Keystone (Peter Adler and others) called an invitation only conference to discuss the current and future state of the mediation profession. Our Treasurer, Dan DeStephen accepted the invitation and “had” to spend a weekend in October in a beautiful lodge in Denver. Come hear what the 70 or so who were part of this historic conference had to say from one of the attendees.

February 2, 2007 Debbie Taylor, Victim Offender Mediation in Montgomery County Juvenile Court.

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)

 

President’s Column
Is Anybody Out There?
By Jay M. Patterson

My first column as president in the May 2006 OMA Newsletter, Mediate Ohio asked you to consider your personal role in advancing the field of mediation. In that column I stated my belief that a strong professional association is one of the essential elements necessary to advance the field of mediation.

I also stated that OMA hoped to establish several committees in order to foster the advancement of mediation. The column further asked members to play their part in advancing the field by volunteering to serve on a committee. Since that time the silence has been deafening.

Although we do have one committee under way (i.e. the Case Study committee), I’m not aware of a single member stepping up to participate on any other committee. If you are waiting for another mediator to do the job for you, this column is to put you on notice that it is not occurring. The other committees OMA had hoped to establish are, Membership, Speakers/Topics (for bi-monthly meetings), Annual Conference; and two ad hoc committees, Web site/ Technology and Public Policy. These committees will almost certainly not be established unless members step up and do their part.

As I said, if you are satisfied with the state of the field of mediation, then perhaps you don’t see the need to actively participate in OMA to work on advancing the field. If, on the other hand, you think more could and should be done through a professional association then, in my opinion, you lose your right to complain about the lack of the fulfillment of mediation’s potential if you don’t do your part to advance the field as a whole.

Break the silence. Your profession needs you. OMA needs you. Please contact me personally or another Board Member to either volunteer or obtain more information before you commit.

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 fredricks@mcohio.org I look forward to hearing from you.

Mediate Ohio Material: Please send material for Mediate Ohio by the 20th of the month to permit publication in the newsletter. The next deadline is September 20, 2005. My address is 2897 Liberty Bell Lane, Reynoldsburg, OH 43068 Phone/fax: (614) 863-4775 E-mail: scochran@insight.rr.com 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/

 

Association for Conflict Resolution News

Come and participate in ACR’s Sixth Annual Conference, “Celebrating Our Past, Shaping The Future,” in Philadelphia, PA, October 25-28th.  The conference will host a variety of workshops, lectures, panels and intimate roundtable discussions on the issues of conflict resolution with some of the most experienced professionals in the field.  The conference itself is set up in collaboration with ACR’s overall mission, “to enhance the practice and public understanding of conflict resolution.”  The conference is open to anyone interested in educating, learning, and participating in conflict resolution skills and techniques. You will not want to miss this opportunity to share conflict resolution theories and practices. We guarantee this is a wonderful experience for your overall professional development, not to mention a one-of-a-kind chance to network with the best professionals in the field! ACR thanks you for your valuable contribution to the conflict resolution field.  See http://acrnet.org/conferences/ac06/ac06-homepage.htm Editorial Comment: Ohio’s mediation community is well represented at this conference as for example, this year’s ACR President is our own Terry Wheeler, Myra Kolman is conference educational co-chair or whatever her official title is, and OMA Immediate Past President Shirley Cochran will be presenting so come to Philly and join with all the Ohioans who will be there soaking up the history of the area.

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 Martha Antolik for assistance.

 

ABC Resolution c/o Tina Neyer
8212 Indian Trail Drive
Cincinnati OH 45243
(513) 256-2408 

Fax: (513) 354-3698

tlneyer@hotmail.com

Martha Boyce 

3950 Fenwick Road

Columbus OH 43220

(614) 459-1783 

MEBK2001@hotmail.com

Crime Victim Services c/o David Voth
116 W. North Street
Lima OH 45801
(419) 222-8666 

Fax: (419) 227-7478

victim@wcoil.com

Walter N. Harrop 

203 Freer Court

Ashland OH 44805

(419) 289-8344 

wdharrop@zoominternet.net

Lynn Hensler—Contractor 

3823 Foxtail Lane
Cincinnati OH 45248

(513) 941-1881 

lynnhensler@yahoo.com

Marie Hill 

2004 Forestcrest Way
Cincinnati OH 45244

(513) 378-8548 

mmhill@fuse.net

Counseling Services of Marietta. LLC c/o Megan Krivchenia, M.Ed. L.P.C.C. 

115 2nd Street

Marietta OH 45750

(740) 373-7792 

Fax: (740) 374-3551

mlkriv@charter.net

Faye Sutton List
42857 N. Ridge Road 

Elyeria OH 44035

(440) 324-9619 

Fax: (440) 324-9001

fayelist@hotmail.com

Lorain County Court Civil Mediation Office 

c/o Gail Ignatz-Hoover

225 Court Street, Room 301

Elyria OH 44035

(440) 328-2250 

Fax: (440) 328-2252

lorainecountyadr@alltel.net

Smart Choices Mediation Services c/o Leslie Powell Martin, Unit B
1989 Unionville Crt. 

Helena Montana 59601

(406) 449-1310 

lesmartl@3riversdbs.net

Donald R. Smith, Ph.D. 

Doppler and Newton, Inc.

531 Cressida Circle

Spring Hill FL 34609

(352) 683-8440 

Fax: (352) 683-8411

DOCVALHALL@HOTMAIL.COM

Patti Smith
3478 Run Around Road 

Junction City OH 43748

(740) 987-7466 

Fax: (740) 987-7466

confidentialjustice@yahoo.com

Dr. John Spiesman 

P. O. Box 042
Thompson OH 44086-0042

(440) 992-1144 x 26 

Fax: (440) 998-1996

DrSpiesman@aol.com

Supreme Court of Ohio Dispute Resolution Section 

c/o Jacqueline C. Hagerott

65 S. Front Street, 6th Floor

Columbus OH 43215-3431

(614) 387-9420 

Fax: (614) 387-9409

hagerotj@sconet.state.oh.us

Toledo Municipal Court—Citizen’s Dispute James Petas Senior Mediator 

555 N. Erie Street

Toledo OH 43604

(419) 245-1951 

Fax: (419) 245-1802

James.petas@noris.org

Linda Wilkins
Attorney at Law
2680 Southridge Drive 

Columbus OH 43224

(614) 447-7050 

Lindawbesq@aol.com

 

THE MEDIATION COUNCIL OF GREATER CINCINNATI
2006-2007 Meeting Schedule

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 following schedule of presenters and topics may be subject to change. Join the Mediation Council for monthly meeting reminders with updated information.

September 13, 2006: Jack Spille facilitates a discussion of the results of the recent survey sent to members regarding the mission, organizational structure and future direction of the Mediation Council.

October 11, 2006: Jay Patterson, Ohio Mediation Association (OMA) President, addresses the group about the OMA and leads an informal and interactive discussion about ways in which the OMA and the Mediation Council could work together.

November 8, 2006: Marie Hill presents on the topic of “Collaborative Practice”. Learn about this relatively new form of ADR in which a variety of professionals, who are trained in the principles of Collaborate Practice, come together to resolve divorce conflicts.

December, 2006: No Meeting

January 10, 2007: “Do Men and Women Communicate Differently When in Conflict?” Cynthia Berryman-Fink, Ph.D., Professor of Communication and Women’s Studies at the University of Cincinnati discusses whether and how communication differs between the sexes when in conflict.

February 14, 2007: “Mediating Wrongful Death Cases: One Mediator’s Experience” Roz Florez, Mediator, Hamilton County Common Pleas ADR, shares her experiences and thoughts on mediating these types of cases.

March 14, 2007: Cathie Kuhl reviews and leads the group in a discussion about the book Beyond Reason: Using Emotions as You Negotiate by Roger Fisher and Daniel Shapiro.

April 11, 2007: “Mediation Case Studies” Marie Bader presents two cases and leads the group in a discussion of those cases.

May 9, 2007: The group meets for its annual luncheon gathering at a restaurant to be named later.

If you have questions or need information, contact Marie Bader at 859-380-2137

 

Upcoming ABA Section of Dispute Resolution Sponsored Events:

The ABA Section of Dispute Resolution Announces the 5th Annual

Advanced Mediation and Advocacy Skills Training October 19-20, 2006

Sheraton City Centre Toronto, Ontario, Canada Join some of North America's leading mediators and mediation advocates in a two-day interactive course on advanced mediation and advocacy skills. From preparation for mediation to impasse-breaking tips, participants will learn successful strategies and techniques used by experienced mediators and advocates. This lively cross-border program offers you an unparalleled opportunity-engaging presentations, short, to-the-point plenary sessions, and interactive small-group discussions exploring each stage of the mediation process. In addition to presentations by experienced mediators, to add an advocate's perspective to all topics, the plenary sessions include in-house counsel, and plaintiff's and defense attorneys, all with extensive experience in mediation.

Featuring Small Group Sessions to Encourage Full Participation , High Faculty-to-Participant Ratio to Maximize Skills , Limited Attendance , Practice Development Tips and Strategies , Cocktail Reception with the Faculty For more information visit:

http://www.abanet.org/dispute/documents/toronto_%20flyer_2006.pdf To register fax the completed registration form to 202-662-1683.

 

TRAINING & WORKSHOPS:

Community Mediation Services of Central Ohio and the Columbus Bar Association Basic Mediation Training September 13 & 14, or November 29 & 30, 2006 or February 21 & 22 or April 18 & 19, 2007 and 40 Hour Domestic Mediation Training October 4, 5, 10, 11, & 12, 2006 or May 2, 3, 8, 9, & 10, 2007. Presenter Shelley Whalen, LSW, 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 training@clevelandmediation.org .

 

Basic Mediation Training for Residence Life Staff, Students, and Higher Education Faculty Sponsored by the Ohio Commission on Dispute Resolution and Conflict Management www.disputeresolution.ohio.gov September 15th, 16th and 17th, 2006 , 9AM to 5PM Kent State University, Kent, Ohio

· Do you often deal with conflict?

· Are you looking for new and more effective ways to address conflict at your university?

· Would you like to improve your own conflict resolution skills?

· Would you like to use new mediation concepts and skills to manage conflict in your university environment?

You are invited to attend a basic mediation skills training sponsored by the Ohio Commission on Dispute Resolution and Conflict Management. The training will focus specifically on mediation in residence life settings in higher education.

Who should attend: Priority in attendance will be given to teams (at least 2 individuals from an Ohio college or university) including University/College Resident Assistants, Residence Hall Directors, Area Coordinators, and students from Residence Life.

When: September 15th, 16th and 17th, 2006 from 9AM to 5PM, with one free hour for lunch.

Where: Kent State University, Kent, Ohio.

Cost: Training fees will be covered by the Ohio Commission on Dispute Resolution, however, each attendee will need to pay $25 to cover the cost of the training manual. Lunch will not be provided.

Training Topics include:

· Conflict 101 · Definition, Characteristics, and Standards of Mediation
· Mediation Stages · Active listening skills
· Mediation Skills · Ethical issues and confidentiality

Attendance at all three days is required. A complete information packet including location, parking, agenda, and a request for sample case studies will be mailed to applicants upon receipt of their registration form.  A certificate will be issued upon completion of the three day training.

The training will be conducted by Kenzi Bisbing from Townhall II in Kent, Ohio, and Teresa Cusma from the Community Mediation Center Stark County in Canton, Ohio.

Registration Deadline September 1st, 2006. Space is limited to 30 participants and will be allocated on a first come first serve basis. Teams of Ohio college and university faculty/staff and students from residence life will receive priority.

Questions? Contact Jennifer Batton, Director of Education Programs, Ohio Commission on Dispute Resolution and Conflict Management at 614-644-9275 or via email at Jennifer.Batton@cdr.state.oh.us.

 

Beech Acres Mediation Training September 28-29, 2006 Join us from 9am—4:30 pm to learn conflict resolution skills. 12–Hour Basic Class This program will present the basic process of mediation. The style is interactive using video and role-play. Class is offered for attorneys, court personnel, EAP staff, educators, mental health professionals, clergy and those who wish to learn the skills of mediation. Goal: Introduces basic concepts of mediation & role play to work out family and workplace conflict scenarios. Objectives: • Participant will understand the difference between mediation & counseling. • Participant will understand the different models of mediation. • Course will cover different ethical issues & how professionals using mediation can address those issues. • Participants will practice mediation techniques & writing agreements. Continuing Education Credits: 12 CEU clock hours are available for social workers and counselors licensed in Ohio. CLE credits are available for Ohio attorneys. 6881 Beechmont Avenue Cincinnati, OH Register by 9/5/06 to receive a special rate of only $225. Bring a friend and receive an additional $50 off your registration. Location: Beech Acres Administration Building Cost: $250 VISA and Master Card are accepted. Training manual is included. Full payment is required at time of registration. Checks should be payable to Beech Acres. Continental breakfast each day. Snacks are served in the afternoon. Lunch on your own. Cancellation: Deposit is refundable (less $25.00 service fee) up to 1 week prior to the training. For Questions: Call 513-231-6630 or email:sjames@beechacres.org

 

Register early for Purpose Drives Practice: An International Conference on Transformative Mediation St. Paul, MN  / September 17th & 18th, 2006.

    • Join Robert A. Baruch Bush and Joseph P. Folger, Winners of the 2006 Andrew Thomas PeaceBuilder Award, along with Andrew Thomas, visionary leader in community mediation for over 25 years, and other highly regarded speakers.
    • Presented by The Institute for the Study of Conflict Transformation, with Platinum Co-sponsors, The Conflict Resolution Center of the University of North Dakota, The Conflict Studies Programs and the Dispute Resolution Institute of Hamline University, Hofstra University School of Law, and Twin Cities Mediation.

Go to http:// transformativemediation.org to see the full list of workshops and to register now. Dan Simon 612-824-8988 http://twincitiesmediation.com Twin Cities Mediation 1716 West Lake Street Minneapolis, MN  55408 Sign up by July 28th to receive the early-bird discount! In addition to transformative mediation’s creators, developers, trainers, practitioners, and biggest clients, our conference will feature leaders from other fields, including:

      • Michael Herman, a pioneer in the practice of Open Space Technology.
      • Mary Rose OReilly, teacher, contemplative thinker and author of Radical Presence:  Teaching as Contemplative Practice, The Peaceable Classroom, and The Barn at the End of the World.
      • Kay Pranis, influential teacher and practitioner in the Restorative Justice movement.
      • Stu Webb, creator of collaborative law.

Please join all of us for an exploration of how our underlying values affect our work. Registration and full conference brochure at http://transformativemediation.org Register early to guarantee your place in St. Paul!

ASSOCIATION OF ATTORNEY-MEDIATORS Presents “Advanced Mediator Training:  Tricks of the Trade” Friday, November 10, 2006 Houston, Texas Houston Marriott West Loop, 1750 West Loop South, By the Galleria 1-800-613-3982 Room Block Code by phone:  Association of Attorney-Mediators $129.00 Per Night Rate www.marriottwestloop.com (Internet Reservation Group Code: AAM_AAMA) Training begins at approximately 8:30 am and adjourns at 5:30 pm. Agenda and registration information will “appear” on the website soon.  www.attorney-mediators.org Save the Date. . . Association of Attorney-Mediators P. O. Box 741955 Dallas, Texas  75374-1955 1-800-280-1368 www.attorney-mediators.org email:  aam@airmail.net

 

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 Ohio: 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

July / September 2005

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MEDIATE OHIO
Ohio Mediation Association
www.mediateohio.org

A Bi-Monthly Publication July/September/November 2005/January 2006

President/Newscaster Editor: Shirley Cochran Phone/Fax: (614) 863-4775 E-mail: scochran@insight.rr.com
Immediate Past President: Martha Antolik (937) 264-2336 E-mail: w004mla@woh.rr.com
Vice President: Jay Patterson (614) 403-3825 E-mail: jmpmediation@ameritech.net
Treasurer: Dan DeStephen (913) 775-2067 Fax (937) 775-6152 E-mail: dandestephen@wright.edu
Secretary: Sheri Center (614) 231-1855 Fax (614) 231-1855 E-mail: findingcommonground@yahoo.com

Mark your Calendars for our exciting 2006 meetings!! (First Friday of the even numbered months except our conference or April meeting since it is at a facility for conferences.)

ANNUAL MEETING 2006—Note change of date and location—May 12, 2006 Riffe Center, 77 S. High Street, Columbus. Join the OMA and the Commission on Dispute Resolution and Conflict Management in welcoming Robert Benjamin back to Ohio for an advanced toolbox presentation. Our Conference is the final event scheduled so far in Conflict Management Week 2006—Celebrating a Decade!

June 2, 2006 TBA

August 4, 2006 TBA

October 6, 2006 TBA

December 1, 2006 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)

 

President’s Column
By Shirley Cochran

“Cha-Cha-Cha-Changes” (Lyrics from a song?)

Well, lots of changes for the OMA. I must apologize for the lack of the July and September and November editions of this newsletter. All I can say is that the Board has been busy with long range planning and added to that was a near-loss of my father from complications from a simple medical procedure, throw in the holidays, a bad reaction to some medication I was taking, and here we are. Hopefully if we get the assistance to the Board we are planning, this sort of delay will not happen in the future.

Now as to the changes, first, notice our new name for the newsletter. We felt Mediate Ohio was a better name to brand our organization as the one representing all in the professional group of mediators and those interested in promoting mediation in Ohio. The officers have figured out a way to send a bulk e-mail with a link to the website in on a private page so only members can get the current edition of Mediate Ohio so we will be activating that with this edition. Because we can do all this ourselves with anticipated help—see below, we are going to make Mediate Ohio a monthly newsletter. Now you won’t have to wait to get the most recent news and information on what is happening in Ohio’s mediation community and beyond. We have returned to the use of our old website domain name to continue the branding so you bookmark www.mediateohio.org as our home page.

We started a membership drive headed up by Vice President Jay Patterson in August. He has prepared a template of a letter to those who you might know as mediators who are not members of OMA for your use and only asks you send it to those people to see if we can increase our membership. More members means OMA represents more of the mediation community and can tap those resources to make mediation more visible in the great state of Ohio. Check out the website for the form letter to use.

Your officers and some new blood considering becoming part of the OMA Executive Board have had three meetings for planning for OMA’s future. The first meeting on June 24th was the five officers. We decided to seek out an intern to assist us with the “grunt work” of this all-volunteer organization. (More information set out below.) We also decided to move our annual meeting from the Fawcett Center to the Riffe Tower with the assistance of the Ohio Commission on Dispute Resolution and Conflict Management. Although we thank the Fawcett Center for all the assistance and wonderful food in the past, we are trying to become fiscally responsible for the OMA to continue to be able to grow and provide quality programming at the annual meeting. We also decided to use the By-Laws to our advantage and seek out other members who might want to serve on the Board and assist in some of these projects in the future so we invited additional persons to the meeting held July 21st. Susan Shostak and Ramona Inskeep joined the officers for another productive session bringing great ideas and enthusiasm to what OMA can become. We had the last meeting on November 11th. Before the end of the year, Joe Palmer also joined the Board. Look for future announcements as they become available on our plans.

Better World Award nominations are due to my attention by February 28, 2006. Please nominate a person who has been in the trenches providing services or who has assisted the Ohio mediation community in spreading the word about the concept. We have been giving the Award at our Annual Meeting for about 12 years now and former recipients vary from the Chief Justice to Martha Green to the Commission on Dispute Resolution and Conflict Management to last year’s recipient, Marie Hill. The Board will vote on the person or entity to receive the award this year and it will be presented at the Annual Meeting as part of our Annual Conference on May 12, 2006.

By virtue of the By-law revisions over the years, we have found ourselves in the position of having vacancies in the positions of President, Vice President and Secretary. We need nominations or expressions of interest by the end of February to me or any other officer. It would be great to have contested elections, and already, Christy Radigan has come forward to express interest in the office of Secretary. Anyone interested or wanting to know more about the office, should contact the officers as soon as possible to decide whether or not to throw their hat into the ring to help lead OMA in the next two years.

 

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 fredricks@mc.ohio.org I look forward to hearing from you.

 

FROM YOUR PERSPECTIVE
By Ed Krauss

Following is a scenario and then questions about the scenario. You are invited to respond, and responses (some or all, depending on volume) will appear in a future edition. We hope this will spark interest and responses, and if so there will be future scenarios for your consideration.

You are a mediator who recently retired from social work. Your background includes clinical counseling and school social work, and you have spent tens of thousands of hours talking to teachers, parents, and students in your career.

A man and woman come to you to mediate a parenting agreement for their pending divorce. They have four children. As you work through the arraignments for taking children to school, for sharing time with each parent, for holidays, you are confronted with both parents agreeing to what appears to be, from your perspective, a complicated package. They are both highly positional, and the way they are resolving their concerns is by structuring a schedule which calls for lots of transportation, lots of moving of children, with little room for realities such as car troubles or bad weather.

You have tried all the good techniques you learned; asking “Please help me understand how that will work well for your children” and “This is your agreement, you need to design what is best for you and your children, but it does seem to me that this agreement will place some time and travel burdens on all concerned” and other probing questions. The parents continue to move towards accepting an agreement that sets off lots of alarm bells in your head.

Two questions:

[1] Specific to this scenario: What should the mediator do?

[2] Second, general question: Is it ever acceptable for the mediator, who speaks from a legitimate, strong knowledge base (which could be small business, medical, environmental, etc.), to speak to the flaws in an potential agreement? If yes, please give an example, and how it should be done. If not, why not.

 

THE MEDIATION COUNCIL OF GREATER CINCINNATI

2005-2006 Meeting Schedule

Provided by: Cathleen Kuhl ckuhl@cms.hamilton-co.org

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. The schedule of meetings for the coming year is as follows:

2/8/06: Jenny Taamneh presents “Recognizing & Handling Conflicts between Caregiver, Family, and Residents of Nursing Care Facilities”

3/8/06: John Cruze moderates a panel of private practitioners who will provide information and answer questions about starting, building and maintaining a mediation practice.

4/12/06: Bea Larsen presents “The Valuation of a Business in a Divorce or Dissolution Mediation”

5/10/06: The group meets for it annual luncheon gathering

Members as well as non-members are welcome to attend the meetings; annual membership fees are $15.00. If you have questions or need information, contact Marie Bader at 859-380-2137.

 

Reprinted with permission.  Sherman’s Executive Communicator. Subscribe for free at www.ShermanLeadership.com. Negotiating Tip: It’s a Simple Negotiation Principle that is Often Ignored -ACKNOWLEDGE THE POSITION OF OTHERS!

*As you know from reading this column, national and local news provide you with many negotiation examples that serve as fertile ground for gaining learning experience. In fact, as you scan the headlines, you are apt to discover fundamental negotiating errors that arguably lead to unnecessary negotiation conflicts. Take, for instance, these two examples:

*Late last year, Rep. John P. Murtha (D-Pa.), the top House Democrat on military spending called for an immediate withdrawal of U.S. troops from Iraq. Commentators said that Murtha’s comments “surprised” and “stunned colleagues” – including the Bush Administration – due to his prior “Hawkish” position and the fact that he is a decorated Vietnam War veteran, well respected on both sides of the aisle.

*There is an important negotiation lesson that the Murtha incident teaches us; but it lies in the events that occurred before he made his public announcement.

*According to published reports, Congressman Murtha had continuously made attempts to contact the Bush Administration prior to his public statement, offering comments and suggestions regarding the progress of the war. These sources indicate that the Congressman’s entries were either ignored or met with indifference by the White House.

*Those close to the Congressman stated that Murtha would not have made his public comments if the Administration had made reasonable efforts to respond to his concerns. A meeting or phone call would have prevented any public statement.

*The Murtha example demonstrates one of most fundamental principles of negotiation . . . the importance of acknowledging the position of the other side. It is arguable that the Bush Administration could have mollified Murtha by simply listening to him and acknowledging his position. The President did not have to agree with Murtha . . . only acknowledge his concerns.

*The President isn’t alone in refusing to acknowledge others even if such a course might avoid an embarrassing conflict. Think of your own stressful situations where you make a decision without attempting to acknowledge the other side. Consider a volatile employment situation where a supervisor might make a decision without acknowledging the position of the employee. This leads to my second example:

*The Ohio State University is currently embroiled in a legal case with Jim O’Brien, its former Men’s Basketball Coach, regarding a payment made by O’Brien to the mother of a basketball recruit who was in dire need. O’Brien was terminated as Coach for his actions.

*During testimony O’Brien was extremely upset with the Athletic Director, who was also a close friend, for failing to meet with him to hear his side of the story prior to dismissal. Reporters commenting on the testimony found it amazing that the Athletic Director refused to take the time to listen to O’Brien’s account. Several wondered aloud if this failed meeting was a major cause of the rancor that prevented a settlement of this case.

*Could a meeting with O’Brien have resolved this incident without a lawsuit? Could a simple Presidential phone call to Congressman Murtha have prevented a public comment?

*Perhaps the more intriguing question is . . . why would intelligent people make decisions that seem to lead to conflict when a simple acknowledgement of a position might lessen or avoid the conflict? Perhaps that’s the same question that we need to ask ourselves when we fail to acknowledge the positions of others. It’s a question that might lead us to resolving conflict rather than escalating it.

 

Ohio State Bar Association Directory Web Site Revisions Make It Easier to Use.

The Ohio State Bar Association has just completed its Web Site renovations at www.ohiobar.org. If you visit the site, click on Public, Legal Services, ADR, and Search the Database of Neutrals, you should be able to find your information if you are already on the site. There is also a place to click for neutrals to amend their information or contact the person in charge to provide information to be listed after the ADR link under This Is For Providers Of ADR Services. Hopefully, you are in the directory and appropriately listed. Contact Shirley Cochran if there is a problem.

 

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 OMA’s President, Shirley Cochran at 2897 Liberty Bell Lane, Reynoldsburg OH 43068 Contact Shirley for membership applications or to provide updated addresses, phone numbers, etc, for OMA’s mailing lists and directory. A membership application can be sent electronically for your convenience or you can download it from the OMA website mediate.com/Ohio. 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 Martha Antolik for assistance.

Corrections/Additions:

Debbie Heimberger’s phone should be (614) 284-7965

 

Tracy Anderson 

431 Columbian Avenue

Columbus OH 43223

(614) 279-1867 

Reedyreedboy@aol.com

Martha L. Antolik 

1424 Cole Court

Vandalia OH 45377

(937) 264-2336 

Fax (937) 264-0722

W004mla@who.rr.com

Suzanne Barker, Esq. 

69 Euclid Avenue

Columbus OH 43201

 

barkesu@aol.com

 

Better Business Bureau c/o Steven Popp 

15 W. Fourth Street, Ste 300

Dayton OH 45402

(937) 222-1534 x 2263 

Fax (937) 222-3338

SPOPP@DAYTON.BBB.ORG

Tina M. Bickert 

8894 Kingsley Drive

Reynoldsburg OH 43068

(614) 975-5114 

tbickert@wideopenwest.com

Bridge Consulting, LLC 

c/o Ramona Inskeep

 

Bridge_mediation@ameritech.net
Tonya Charles, Montgomery Co. Domestic Relations Court 

301 W. Third Street, 2nd Floor

Dayton OH 45422-4246

(937) 496-7745 

Fax: (937) 496-7443

charlest@mcohio.org

Diane L. Chermely, JD 

945 Windham Court Suite 3

Boardman OH 44512

(330) 629-8882 

Fax (330) 726-5926

 

Jeffrey L. Chernin 

35104 Euclid Ave., Suite 110

Willoughby OH 44094

(440) 951-9669 

Fax (440) 951-8117

JLChernin@aol.com

Clermont County Common Pleas Court Mediation Office 

c/o Darren Miller

270 E. Main Street

Batavia OH 45103

(513) 732-7397 

Fax (513) 732-7390

dmiller@co.clermont.oh.us

 

Gina M. Crawford, PH.D. 

23818 Cliff Drive

Bay Village, Ohio 44140

440 570-9653 

Fax (440) 617-0199

 

Crime Victim Services 

David Voth, Exe. Director

116 W. North Street

Lima OH 45801

(419) 222-8666 

fax: (419) 227-7478

victim@wcoil.com

James J. Cullers 

920 Club Drive

Mount Vernon OH 43050

(740) 392-0391 

Fax (740) 392-0391

jcullers@ecr.net

Dan DeStephen, Center for Teaching and Learning Wright State University 

3640 Colonel Glenn Hwy.

Dayton OH 45435

(937) 775-2067 

Fax (937) 775-3152

Dan.destephen@wright.edu

Barbara Dixon 

Franklin County DR Court

373 S. High Street, 3rd Floor

Columbus OH 43215-4598

(614) 462-4462 

F (614) 462-3748 Barbara_Dixon@fccourts.org

Erie County Family Court Mediation Chris Perrin 

323 Columbus Avenue

Sandusky OH 44870

(419) 627-7782 

Fax: (419) 627-6600

cperrin@erie-county-ohio.net

Kathy Field 

1073 Wilson Avenue

Marion OH 43302

(740) 387-4370 

Kfield@rrohio.com

Findlay Municipal Court Mediation Coordinator 

318 Dorney Plaza PO Box 826

Findlay OH 45840

Nancy Bachynski ? 

(419) 424-7143

Fax (419) 424-7803

Sandra Fredrick, LSW 

301 W. Third St., 2nd Floor

Dayton OH 45422-4246

(937) 225-4099 

Fax (937) 496-7443

fredricks@mcohio.org

Vicky Fulkerson 

641 Grove Avenue

Zanesville OH 43701

(740) 454-3269 (W) 

(740) 452-4669 (H)

Fax: (W) (740) 455-0739

Vickyfulkerson@hotmail.com

Sandra Mendel Furman 

One Easton Oval, Suite 500

Columbus OH 43219

(614) 416-5611 

Fax (614) 416-5770

Smfurman205@msn.com

Guernsey Co. Common Pleas Ct. 

c/o Magistrate Marcia Hollins

801 Wheeling Ave. , Room E

Cambridge OH 43725

(740) 432-9252 

Fax: (740) 432-9289

Harmony Mediation/Consulting c/o Stephen E. Williams 

237 Maple Street

Brookville OH 45309-1710

(937) 833-6588 

Fax (937) 833-6588

Mediate@woh.rr.com

Health With Heart Consulting Linda Marshall Owner 

3363 Woodlake Court

Loveland OH 45140

(513) 677-9585 

Fax (513) 672-5168

marshl@one.net

Annette Ciavarella Haut 

5656 Gray Fox Drive NW

Canton OH 44718

(330) 494-6155 

fax (330) 494-1705

annettehaut@yahoo.com

Debbie Heimberger 

6401 Stonebridge Street

Columbus OH 43229

(614) 397-4498 

ThreeCDeb@aol.com

Marie Hill 

2004 Forestcrest Way

Cincinnati OH 45244

(513) 474-1564 

brhill@voyager.net

Kathleen P. Hoenie Family Matters Mediation Services 

2227 Buckley Road

Columbus OH 43220-4613

(614) 457-3177 

Fax (614) 457-3177

khoenie@cs.com

Judith A. Houts, Ph.D. 

79 Prince Road

Pataskala OH 43062

(740) 964-2103 

Judithhouts@msn.com

HR-Protecting Your Business 

c/o Cathy L. Saunders

1150 Morse Road, Suite 230

Columbus OH 43229

(614) 437-2042 

Fax: (614) 437-2042

Csaunders4424@hotmail.com

Richard Johnston 

8152 Foxdale Court

West Chester OH 45069

(513) 779-8173 

RAJOHNSTON43@Hotmail.com

Verna M. Jones, JD 

VM Jones Enterprises LLC

PO Box 12073

Columbus OH 43212

(614) 488-0685 

Fax (614) 488-0685

v.jones@sbcglobal.net

Francie Kaufman 

c/o Columbus Medical Assn.

431 E. Broad Street

Columbus OH 43215

(614) 240-7410 

Fax (614) 240-7415

Fkaufman@goodhealthcolumbus.org

Martha Boyce Kington 

3950 Fenwick Road

Columbus, Ohio 43220

(614) 459-1783 

MEBK2001@hotmail.com

Marya C. Kolman 

Franklin County DR Court

373 S. High Street, 3rd Floor

Columbus OH 43215

(614) 462-5872 

F (614) 462-3748

Marya_Kolman@fccourts.org

Lisa R. Kraemer, Atty. at Law 

Three Commerce Park Square 23230 Chagrin Blvd. Suite 740

Cleveland OH 44122

(216) 464-2777 

Fax (216) 464-7990

lisarkraemer@yahoo.com

Edward M. Krauss 

Dispute Resolution, Inc.

783 South Sixth Street

Columbus OH 43206-2130

(614) 444-5872 

ekek783@sbcglobal.net

Cathie Kuhl, Director, Hamilton Co. Municipal Court Private Complaint Mediation Service 

230 E. Ninth Street, Suite 1150

Cincinnati, Ohio 45202

(513) 

Fax: (513)

ckuhl@cms.hamilton-co.org

Beth Leger Montgomery Co. CP Ct. Domestic Relations Division 

301 W. Third St., 2nd Floor

Dayton OH 45422-4246

(937) 225-5412 

Fax (937) 496-7334

legerb@mcohio.org

Licking Co. DR Ct. c/o Mediation Coordinator Jay Patterson 

75 East Main Street

Newark OH 43055

(740) 670-5409 

jpatterson@lcounty.com

Beverly Lowery 

6775 Meadow Creek Dr. #207

Columbus OH 43235-7980

(614) 792-7681 

loweryb5@aol.com

James P. Luton 

Attorney at Law

131 South Prospect St. Ste 104

Marion OH 43302-3743

(740) 382-6588 

Fax (740) 375-5372

LUTONLAW@BRIGHTDSL.NET

Mahoning Valley Dispute Resolution Service c/o Janice Bailey, Director 

25 East Boardman Street

Youngstown OH 44503

(330) 744-4244 

Fax: (330) 744-4480

Anna Marks 

1123 City Park Avenue

Columbus OH 43206

(614) 804-6542 

annamarks.law@gmail.com

Hon. Denise Herman McColley 

Henry Co. Family Court

660 N. Perry St., Suite 401

Napoleon OH 43545

(419) 599-5951 

Fax (419) 599-0179

Denise.mccolley@henrycountyohio.com

Rob McLoughlin 

PO Box 1052

Lebanon OH 45036

(513) 850-1189 

robm@your-net.com

Terry McMenamin, Montgomery Co. Domestic Relations Court 

301 W. Third Street, 2nd Floor

Dayton OH 45422-4246

(937) 496-7766 

Fax: (937) 496-7443

mcmenamint@mcohio.org

Mediated Solutions c/o Steven D. Abrams 

2720 Airport Drive, Suite 100

Columbus OH 43219

(614) 418-1784 

Fax (614) 418-1701

sabrams@mediatedsolutionsohio.com

Professor Roberta S. Mitchell 

Capital University Law School

303 E. Broad Street

Columbus OH 4215

(614) 236-6517 

Fax: (614) 236-6970

rmitchell@law.capital.edu

Joseph E. Natalie 

452 W. Lawndale Place

Zanesville OH 43701-3950

(740) 454-0811 

nataliefamily@yahoo.com

Nancy R. Nickey, Mediation Services of Franklin County 

5616 Hensel Woods Road

Gahanna OH 43230-1811

(614) 855-5233 

Fax (614) 855-5233

lnickey@insight.rr.com

Denise L. Nixon 

2429 Hannaway Lane

Columbus OH 43229

(614) 426-3004 

 

Nixon_denise@yahoo.com

Ohio State University c/o Carole Hinchcliff, Moritz Law Library 

55 West 12th Ave. Room 274A

Columbus OH 43210

(614) 292-7722 

F (614) 292-3202

Hincliff1@osu.edu

Nola J. Olinger 

Mont. Co. DR Court

301 W. Third St, 2nd Floor

Dayton OH 45422-4246

(937) 225-4093 

Fax (937) 496-7443

Olinger.n@mcohio.org

Cris Olmstead, PCC, LSW 

301 W. 3rd Street, 2nd Floor

Dayton OH 45422-4246

(937) 496-6809 

Fax (937) 496-7443

OlmsteadC@mcohio.org

Mediation Services of Ohio 

Joseph R. Palmer

536 S. Third Street

Columbus OH 43215

(614) 228-5515 

Fax (614) 461-0066

mediatemso@cs.com

Jeffrey J. Mondville The Law Office of Jeffrey J. Mondville 

709 Madison Avenue., Suite 218

Toledo OH 43624

(419) 243-5080 

Fax (419) 22-7085

mondville@sbcglobal.net

Leticia G. Patino 

159 S. Washington Street

Tiffin 44883

(419) 455-9508 

Fax (419) 455-9509

OMA@Patino.biz

C. Eileen Pruett, Manager Small Claims Division Franklin Co. Municipal Court 

375 South High Street, 16th Floor

Columbus OH 43215

(614) 645-7381 

Fax: (614) 645-8465

pruette@fcmcclerk.com

Michelle Quinn 

3563 Mountshannon Road

Columbus OH 43221

(614) 921-8779 

michelledquinn@msn.com

Christy K. Radigan 

7058 Dean Farm Road

New Albany OH 43054

(614) 855-6926 (home) 

Fax (614) 855-6927

cradigan@insight.rr.com

 

Richards & Associates 

Gregg Richards

1189 Yorkshire Drive

Marion OH 43302

(740) 396-0093 

Fax by arrangement

GNDKR@Adelphia.net

David E. Rose 

BPR Mediation Group, LLC

3010 Hayden Road

Columbus OH 43235

(614) 582-2469 

Fax (614) 798-1935

drose@forcemail.com

Robert E. Rosenberg 

206 South Meridian Street Suite A

Ravenna OH 44266

(330) 296-3435 

Fax: (330) 296-3435

RobertERosenberg@aol.com

Nancy J. Savage 

9301 Huntshire Ave. NW

North Canton OH 44720-8258

(330) 499-3069 

Fax (330) 499-0905

N.J.SAVAGE@SBCGLOBAL.NET

Julie A. Schafer 

755 White Pond Drive, Suite 403

Akron OH 44320

(330) 864-2003 

Fax (330) 864-7157

JASchafer@schafercarrlaw.com

Susan E. Shostak 

248 Pearl Avenue North

Lancaster OH 43130

(740) 681-1031 

Fax (740) 689-3631

shostak@ohiohills.com

Dr. John Spiesman 

PO Box 042

Thompson OH 44086-0042

(440) 474-9726 

Fax: (440) 474-9727

Jspiesman@aol.com

John C. Spille 

3200 N. Whitetree Circle

Cincinnati OH 45236

(513) 794-1137 

johnspille@fuse.net

Leslie Swift, Ph.D. 

7654 Montgomery Road

Cincinnati OH 45236

(513) 791-8849 

Fax (513) 791-8873

LBSwift@fuse.net

University of Toledo College of Law c/o Maara Fink 

2801 W. Bancroft Street

Toledo OH 43606

(419) 530-4236 

Fax: (419) 530-2605

Maara.Fink@utoledo.edu

James A. Veri 

6310 Fay Road

Concord OH 44077

(440) 477-5259 

Fax (440) 354-9580

VeriKJ@earthlink.net

Barbara A. Venesy 

Law Offices of Barbara A. Venesy

2741 Foxwood Drive

Akron OH 44333-2751

(330) 864-6060 

Fax (330) 864-6060

bavenesy@att.net

Odella T. Welch 

560 Woodlake Drive

Westerville OH 43081

(614) 523-3022 

Fax (614) 523-3022

Wot560@aol.com

Community Mediation Service of Central Ohio c/o Shelley Whalen 

67 Jefferson Avenue, 2nd Floor

Columbus OH 43215

(614) 228-7191 

Fax (614) 228-7213

SWHALEN@COMMUNITYMEDIATION.COM

Capitol Mediation 

c/o Robert J. Wheaton

6969 Read Bank Rd. PO Box 128

Galena OH 43021-0128

Fax (614) 523-1155 

Cell (614) 620-1155

capmediation@sbcglobal.net

Kenneth N. Wildman 

Positive Negotiations

419 N. Johnson Street

Ada OH 45810

(410) 230-2563 

k-wildman@onu.edu

 

Linda Wilkins, Esq. 

2680 Southridge Drive

Columbus OH 43224

(614) 447-7050 

lindawbesq@aol.com

Elizabeth A. Winner, LPCC, CCDCIII E 

1248 Nilles #8

Fairfield OH 45014

(513) 249-0015 

Fax (513) 829-2830

 

Lou Ann Wood 

AAL Mediation Services

6726 Main Street

Newtown OH 45244

(513) 271-2223 

Fax (513) 0615

woodcandl@aol.com

 

Newscaster Material: Please send material for the Newscaster by the 20th of the even numbered months to permit publication in the newsletter. The next deadline is February 20, 2005. My address is 2897 Liberty Bell Lane, Reynoldsburg, OH 43068 Phone/fax: (614) 863-4775 E-mail: scochran@insight.rr.com Thanks, Shirley Cochran, Editor

 

Job Announcements: There are also some announcements that become available for the meetings. Be sure to attend the meeting and check the Newscaster 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.

Construction Mediators and Arbitrators Construction Dispute Resolution Services, LLC Job Description:

We are looking for individuals who are experienced construction-related mediators and/or arbitrators located anywhere in the United States to join our panel of Independent Dispute Resolution Professionals to provide mediation, arbitration and expert witness services to the construction industry within the United States. Construction Dispute Resolution Services, LLC is a professional dispute resolution firm that specializes in both residential and commercial construction disputes and is available to conduct mediations and/or arbitrations anywhere in the United States. Our professional experts, many of whom are active builders and/or remodelers, architects, home inspectors, attorneys, consultants, etc. can provide a construction-related expertise in all areas of construction, development and legal issues related to the construction industry. For further information: contact Peter G. Merrill, CDRS President and CEO at 505-466-7011, log on to the CDRS website at www.constructiondisputes-cdrs.com or e-mail to cdrsnm@comcast.net. Deadline: None Position Location: United States

Capital University law School 2nd National Training Institute for Minority Professionals in Alternative Dispute Resolution June 5-9, 2006, Columbus Ohio (Please note, we have had to move the date for Capital University Law School’s 2006 Minority ADR Training Institute from June 12-16, 2006.)

Tentative Trainings: Domestic Abuse Issues (2 days), Basic Mediation (2 days), Faith-based Mediation (2-3 days), Family Mediation (5 days), Labor & Employment Mediation/Arbitration (5 days), Afrocentric Conflict Resolution (3 days), Healthcare Dispute Resolution (2 days). These trainings will enhance your skills as a minority ADR professional and provide invaluable networking and mentoring opportunities. For more information as it becomes available visit: www.law.capital.edu/adr/ Or contact: Floyd Weatherspoon, Professor of Law and Director of Minority ADR Initiatives, at (614) 236-6531, or via e-mail at adrconference@law.capital.edu.

 

Volunteer Opportunity: the Better Business Bureau of Cincinnati serving Southern Ohio, Northern Kentucky and Southeastern Indiana has been mediating cases since 1999. It has grown from 11 mediations that year to 35 cases in 2004. They have mediated 108 workplace disputes over the last six years, amounting to 325 hours of service by their small pool of 9 mediators. Volunteer mediators must have previously completed mediator training, have experience mediating cases on various issues, and be willing to volunteer their time. Individuals interested in mediating cases for the BBB should send their resume, including information about their mediator training and number of types of cases previously mediated to Christine Bake, Dispute Resolution Specialist, Better Business Bureau, 898 Walnut Street, Cincinnati OH 45202.

 

National Conflict Resolution Day: ACR designated October 20, 2005 as “Conflict Resolution Day!” This day was to increase public awareness about mediation, arbitration, conciliation and other creative, peaceful means of resolving conflict. As part of this effort, ACR reached out to local, state and international groups to build interest in holding Conflict Resolution Day events across the country and around the world. As Ohio holds a Conflict Resolution Week in May, there were no additional programs planned for the initial ACR event.

 

Upcoming ABA Section of Dispute Resolution Sponsored Events:

Mark Your Calendars for the American Bar Association Section of Dispute Resolution’s

Eighth Annual Spring Conference, Atlanta, Georgia, April 5-8, 2006

ABA Annual Meeting 3-8, 2006 in Honolulu, Hawaii

Check www.abanet.org/dispute or call 202-662-1680 for more information.

“Mediators: Views from the Eye of the Storm” is a new 2 hour DVD developed by Mediate.com that features 31 of the best known and most experienced mediators around.  This DVD is part of a larger Mediate.com interview project with leaders in the field.  Complete interviews will be posted online and a searchable data base of video clips is also being developed.  It is anticipated that approximately 80 leaders in the field will be interviewed.  A 14 minute preview of this DVD is available at www.mediate.com/Views For additional information, see www.mediate.com/products or contact admin@mediate.com

Mediator Certification Study Results

As part of a study on mediator certification, the Association for Conflict Resolution and the Dispute Resolution Section of the American Bar Association conducted an online survey of attitudes on issues relating to certification. The responses of over 3100 individuals have been summarized and are now available for review at http://www.ACRnet.org/about/taskforces/certification.htm. Both organizations wish to thank all of those individuals who participated in the survey.

LL.M. Program in Dispute Resolution at the University of Missouri-Columbia (MU) School of Law.  Below is information about our exciting and innovative program designed for practitioners and scholars.  I would appreciate your passing this along to anyone you think might be interested. The MU Law School is recognized internationally as a leader in dispute resolution. Our faculty features one of the largest groups of dispute resolution experts of any law school, including founders of our field. Now in its seventh year, the LL.M. program has 19 students from diverse backgrounds. Students have come 18 countries outside the U.S.  Most of our students have substantial legal experience. We are strongly committed to diversity and encourage applications from minorities, women, and others contributing to the diversity of our program. Our program features small classes. As a result, students and faculty develop a close feeling of community. The core courses are generally limited to LL.M. students only. Elective courses are either part of the J.D. curriculum or other graduate-level courses at the University. LL.M. graduates work across the U.S. and abroad in a variety of positions.  Many are in practice as advocates and/or neutrals.  Some have distinctive positions.  For example, CYNTHIA ALKON is the head of Rule of Law Unit for the Office of Democratic Institutions and Human Rights of the Organization and Security and Cooperation in Europe. JAVIER CARAVEDO co-founded a Peruvian organization called PRODIALOG which provides conflict resolution counseling, training and mediation services specially related to social, political, organizational and environmental issues and advises public institutions on designing and implementing consensus-building mechanisms to strengthen democracy. ART HINSHAW is the director of the Lodestar Dispute Resolution Program at Arizona State University College of Law. PABLO IPINA runs the Centre of Mediation and Arbitration which is supported by the Interamerican Development Bank in La Paz, Bolivia. SALVADOR PANGA, JR. is a fellow at Hamline Law School’s Dispute Resolution Institute and has served as the secretary-general of the Philippine Dispute Resolution Center. CHRISTINE HARRIS TAYLOR is the assistant director of the graduate program at the Center for Dispute Resolution Education at Marquette University. Students may enroll full-time or part-time. Full-time students can complete the program in one academic year. Part-time students typically complete the program in two years and we work hard to accommodate their needs. Applicants submitting complete files by January 1 receive decisions in February. Applicants submitting complete files by March 1 receive decisions in April. All applicants must have completed the first degree in law (LL.B. or equivalent) required for law practice or law teaching in the country in which law studies were pursued. For more information about the admissions requirements and link to the online application, see http://law.missouri.edu/llm/admissions.html. Financial aid is available, including the Rankin M. Gibson LL.M. Scholarship and LL.M. fellowships.  See http://law.missouri.edu/llm/pdf/financial-form.pdf.  LL.M. students can get dual degrees (M.A. and Ph.D.) from Missouri’s famous Journalism School. For information about these programs, please contact PROF. RICHARD REUBEN at reubenr@missouri.edu or (573) 884-5204. In addition, many LL.M. students take courses at the Harry S Truman School of Public Affairs. Full information about the LL.M. Program is on the web at http://law.missouri.edu/llm/.  If you or others have questions, feel free to contact me at (573) 882-3914, landej@missouri.edu, or KAREN NEYLON, the program coordinator, at (573) 882-2020, umclawcdr@missouri.edu. The newsletter of our Center for the Study of Dispute Resolution is hot off the press and you can download a copy at http://law.missouri.edu/csdr/pdf/Fall2005.pdf. I hope you all have a good year. Best, John Lande Associate Professor and Director, LL.M. Program in Dispute Resolution University of Missouri-Columbia School of Law Columbia, MO 65211Tel: 573-882-3914 Fax: 573-882-3343 Email: landej@missouri.edu LL.M. Web: http://law.missouri.edu/llm/ Personal Web: http://www.law.missouri.edu/lande/

TRAINING & WORKSHOPS:

 

Divorce and Family Mediation Training with John McElwee, JD and Marie Hill, LPCC. March 29-30-31, April 3-4.  40 hours.  Cincinnati.  Call Marie at 513-378-8548 or e-mail mmhill@fuse.net.

 

Conflict Management Services’ 40-hour course on Divorce Mediation, March 22-24 and 30-31; 1500 W. Third Avenue, Suite 126, Columbus, OH; trainers are Cheryl Lowry, Ph.D. and Robert Wistner, J.D.; cost is $625. Contact Cheryl at 614-488-4540 or cms@iwaynet.net

 

Community Mediation Services of Central Ohio and the Columbus Bar Association present Basic Mediation Training February 22 & 23 or April 11 & 12, 2006; 40 Hour Domestic Mediation Training May 3, 4, 9, 10, 11, 2006. Presenter Shelley Whalen, LSW, Executive Director of CMS and a past president of OMA. Schedule 8:30 AM-6:00 PM, 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 training@clevelandmediation.org .

 

TRAINING SCHEDULE THROUGH JUNE 30, 2006 for Domestic Abuse Issues: Training for Mediators and Other Professionals Sponsored by the Supreme Court of Ohio Dispute Resolution Section March 2-3 Cuyahoga County (Cleveland), target area April 6-7 Lucas (Toledo) tentative May 4-5 Hamilton (Cincinnati) target area June dates not confirmed, Franklin (Columbus) in conjunction with Minority Training Institute Contact Crevon Tarrance, Supreme Court of Ohio TarrancC@sconet.state.oh.us.

 

The Ohio Commission on Dispute Resolution and Conflict Management in partnership with On-Tasc, Inc., and the Ohio Resource Network present a: School Conflict Management Training for Teachers A school conflict management program helps create a school environment that fosters prevention and de-escalation of conflicts and that establishes procedures for the effective, nonviolent resolution of conflicts that occur in school settings.  To be effective, a comprehensive program must address more than just student conduct.  Conflict management attitudes and skills must also be an integral part of school curriculum and instruction, as well as the total school culture.  This workshop will help participants to look at the many and varied components of an effective program and help them develop a plan to begin using the skills in their own school setting with a heavy focus on curriculum integration and conflict management as a classroom management tool.  Where: Quality Inn and Suites, 4363 State Rte. 43, Kent, Ohio 44240.  Hotel Phone: 330-678-0101 When: Thursday, February 16th, 2006 and Friday, February 17th, 2006  (must attend both sessions) Times: 9:00 a.m. to 5:00 p.m. Presenters: Penny Senyak, Executive Director of On-Tasc, and John Barnes, School Based Program Manager, Family and Community Services of Portage County Cost: $35.00, includes a 500+ page Curriculum Guide on CD-ROM and a boxed lunch both days. Optional – Graduate Credit, 1 hour from  Ashland University, $181. (payable on-site) Prevention RCHs and Social Work CPEs will also be available through the Ohio Resource Network. Funding for this is provided by the OHIO COMMISSION ON DISPUTE RESOLUTION AND CONFLICT MANAGEMENT. This is a great opportunity to receive graduate credit.  Continuing Education Credits are available.  Space is limited to 30 participants.  Participants who are accepted for training will receive a letter of confirmation and directions to the training. Please complete the register form and return it with your payment by Friday, January, 27th, 2006, to the On-Tasc office. For more information on creating a conflict management program in your school, please visit the Commission’s Web site at: www.disputeresolution.ohio.gov/ ON TASC, Inc. 5500 Market St., Suite 80 Youngstown, Ohio 44512 Phone: 330-783-5800, Toll Free: 888-267-44512, Fax: 330-783-1223

The Ohio Commission on Dispute Resolution and Conflict Management in partnership with the Center for Peace Education (CPE), and the Ohio Resource Network present a: School Conflict Management Training for Teachers A school conflict management program helps create a school environment that fosters prevention and de-escalation of conflicts and that establishes procedures for the effective, nonviolent resolution of conflicts that occur in school settings.  To be effective, a comprehensive program must address more than just student conduct.  Conflict management attitudes and skills must also be an integral part of school curriculum and instruction, as well as the total school culture.  This workshop will help participants to look at the many and varied components of an effective program and help them develop a plan to begin using the skills in their own school setting with a heavy focus on curriculum integration and conflict management as a classroom management tool.  Where: Cincinnati, Ohio (Exact Location TBA) When: Friday, February 24th, 2006 and Saturday, February 25th, 2006  (must attend both sessions) Times: 9:00 a.m. to 5:00 p.m. Presenters: Deborah Jordan, School Conflict Management Project Coordinator, The Alcohol and Chemical Abuse Council of Butler County, and John Barnes, School Based Program Manager, Family and Community Services, Inc., Portage County Cost: $35.00, includes a 500+ page Curriculum Guide on CD-ROM and a boxed lunch both days. Optional – Graduate Credit, 1 hour from  $181. Prevention RCHs and Social Work CPEs will also be available through the Ohio Resource Network. Funding for this is provided by the OHIO COMMISSION ON DISPUTE RESOLUTION AND CONFLICT MANAGEMENT. This is a great opportunity to receive graduate credit.  Continuing Education Credits are available.  Space is limited to 30 participants.  Participants who are accepted for training will receive a letter of confirmation and directions to the training. Please complete the attached register form and return it with your payment by Friday, February 10th, 2006, to the CPE office. For more information on creating a conflict management program in your school, please visit the Commission’s Web site at:  www.disputeresolution.ohio.gov/

The Ohio Commission on Dispute Resolution and Conflict Management in partnership with Cleveland State University, the Ohio Resource Network, and Conflict Resolution Center of the West Shore, Inc. (CRC) present a: School Conflict Management Training for Educators A school conflict management program helps create a school environment that fosters prevention and de-escalation of conflicts and that establishes procedures for the effective, nonviolent resolution of conflicts that occur in school settings.  To be effective, a comprehensive program must address more than just student conduct.  Conflict management attitudes and skills must also be an integral part of school curriculum and instruction, as well as the total school culture.  This workshop will help participants to look at the many and varied components of an effective program and help them develop a plan to begin using the skills in their own school setting with a heavy focus on curriculum integration and conflict management as a classroom management tool. Where: Cleveland State University, Cleveland, Ohio (Exact Location TBA) When: Saturday, March 4th and Saturday, March 11th, 2006  (must attend both sessions) Times: 9:00 a.m. to 5:00 p.m. Presenter: Carole Close, Retired Executive Director of the Winning Against Violent Environment’s Program, Cleveland Municipal School District and John Barnes, School Based Program Manager, Family and Community Services of Portage County Cost: $35.00, includes a 500+ page Curriculum Guide on CD-ROM and a boxed lunch both days. Optional – Graduate Credit, 1 hour from Cleveland State University $135. Prevention RCHs and Social Work CPEs will also be available through the Ohio Resource Network. Funding for this is provided by the OHIO COMMISSION ON DISPUTE RESOLUTION AND CONFLICT MANAGEMENT. This is a great opportunity to receive graduate credit.  Continuing Education Credits are available.  Space is limited to 30 participants.  Participants who are accepted for training will receive a letter of confirmation and directions to the training. Please complete the register form and return it with your payment by Friday, February 10th, 2006, to CRC’s office. For more information on creating a conflict management program in your school, please visit the Commission’s Web site at:  www.disputeresolution.ohio.gov/

Web Sites of Interest:

Ohio Mediation Association: www.mediate.com/Ohio

 

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 Ohio: 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

July 2003

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NEWSCASTER
Ohio Mediation Association

A Bi-Monthly Publication July 2003

President: Martha Antolik (937) 264-2336 E-mail: mantolik@coax.net
President Elect/Newscaster Editor: Shirley Cochran (513) 732-7397 Fax: (614) 863-4775 E-mail: scochran@insight.rr.com or scochran@co.clermont.oh.us
Vice President: Jay Patterson (614) 447-8564 E-mail: jsphaedrus@ameritech.net
Treasurer: Dan DeStephen (913) 775-2067 Fax (937) 775-6152 E-mail: dandestephen@wright.edu
Secretary: Ed Krauss (614) 752-9595 E-mail: Ed.Krauss@cdr.state.oh.us

 

Mark your Calendars for our exciting 2003-2004 meetings!!

August 1, 2003 A Domestic Violence Mediation Program from Clermont County

Juvenile Court. Presentation by Lou Ann Wood, Mediator and

Carolin Baker, Manager of the Clermont County program.

October 3, 2003 WAVE: youth peer mediators organization from Cleveland, Ohio who were recognized by the White House Carol Close, Coordinator and several peer mediators will be at our meeting

December 5, 2003 Victoria Solomon, J.D., L.I.S.W., will be presenting “Ten Gifts a Mediator Brings to the Table”.

February 5, 2004 TBA

March 26, 2004 Annual Meeting at Fawcett Center OSU The Future of Credentialing and What it Means to Ohio Mediators. NOTE DIFFERENT DATE AND LOCATION THAN REGULAR MEETINGS!

All meetings to be held at 11:30 AM at the MCL Cafeteria at Westerville and Schrock Roads in Westerville until further notice (Directions on back page)

 

President’s Column
By Martha Antolik

What is the role of a statewide mediation organization? Is our primary goal to be a source for networking? Who needs to network—and why? Should the Ohio Mediation Association direct its energies to the needs of struggling private practitioners who may be wondering if perhaps a move to another career field might be in order? Or, should our highest-priority focus be the mediator who’s working for the courts or the schools?

These are questions that we’ll be asking you soon as we look to keep OMA relevant to Ohio’s mediation community now and in the future.

Our field of dispute resolution has been hard hit by the downturn in the economy. Some court and municipal programs throughout the state have either faced sever cutbacks due to a shrinking financial base of support—and some have died. The Ohio Commission on Dispute Resolution and Conflict Management, which has supported OMA in numerous ways throughout the years, recently survived the possibility of being “zeroed-out” of the state budget. These are hard times and the hope of those who serve OMA on the executive committee is that members still want to be members, and can and will remain active in the field.

And speaking of questions for members–OMA will be undertaking a project with the Ohio Community Mediation Association to hold a series of statewide forums about the Uniform Mediation Act. What we’re hoping is that you show up and give us your thoughts, ideas and feedback. Stay tuned for more information about this project, which is being supported by the Ohio Commission on Dispute Resolution and Conflict Management.

 

OMA Has New Secretary

Ed Krauss, Director of Community and Court Programs for the Ohio Commission on Dispute Resolution and Conflict Management, has accepted the position of Secretary for OMA. He will be responsible for maintaining the membership database and for taking minutes at meetings.

Comments and corrections regarding membership information should be sent to Ed at ed.krauss@cdr.state.oh.us, or faxed to 614 752 9682. His phone number is 614 752 9681.

 

Commission Survives Budget Axe

As most of you know, the Ohio Commission on Dispute Resolution and Conflict Management has just come through several tense months, not knowing if it would be in the State’s budget for fiscal years 2004 and 2005. On June 20, just before its operating budget expired on the last day of June, the Commission learned it was included in the final budget bill that came out of the House/Senate Conference Committee.

The campaign to keep the Commission open included letters, emails, phone calls, and personal contacts with legislators for much of the past four months from across the state. The six members of the Commission, and their Commissioners [board of directors], wish to express their sincere thanks for this warmhearted and generous outpouring of support and expressions of confidence in the value of their work.

 

 

Presenter for June 2003 Susan Tucker, Community Outreach Director Summit County

Informal Hearings prepared by Sandra Fredrick ************************************************************************

At the June OMA meeting, Susan Tucker presented information about Summit County DR Court’s Informal Proceedings program. The procedures for this program are set out in their local rules and they specify that only post decree parenting issues are to be addressed at these hearings, and that the parties involved must not have motions pending before the court.

The parties fill out a request form that is reviewed by the Community Outreach Director, Susan Tucker, to ensure the case is appropriate for the informal hearing process. The parties meet one time with Susan for approximately two hours. Susan uses mediation skills to help the parties identify and clarify issues, but says she is more directive with parties than she would be in a traditional mediation. In these hearings it is not uncommon for her to tell the parties what the court expects from them and what they can expect from the court. She says that Judge Nicely and Judge Dezso have established clear guidelines as to what is expected of parents under certain circumstances.

If the parties reach a consensus, they write up their agreement using an Agreed Entry form. It is necessary for the parties to prepare the agreed order themselves to prevent Susan from being perceived as illegally practicing law. Susan takes the agreed order to a judge to sign. Once signed, the parties take the order to the clerk’s office to be filed. There is no fee, other than the filing fee, for this service.

 

Dan Dobbs is the Family Court Services Coordinator in Summit County who was also to be present that day. He was not able to be with us since he is serving with the armed forces. We send good wishes to Dan from the OMA. Thanks again to Susan Tucker of Summit County for presenting to the OMA.

Food for thought………..

Susan commented that she found the telling of the story very significant to the process looking for the underlying issues. During our discussion we found it interesting that they would be able to predict an outcome of any set of circumstances in the legal setting. I personally found the idea of allowing parties to write their own agreement thought provoking. Would they feel more committed to the agreement? There were some at the session that would not consider allowing the writing of the agreement. Would it depend on the type of mediation? I have heard it stated before by mediators to never give up the pen or marker?

Lawyer as Problem Solver Award Goes to Charles A. Asher and to the United States Air Force The ABA Section of Dispute Resolution Lawyer as Problem Solver Award cosponsored this year by the Section of Public Contract Law will recognize Family Lawyer and Mediator Charles A. Asher and the United States Air Force with the Lawyer as Problem Solver Award.  Mr. Asher will be recognized for his investment of enormous time and resources and his application of insight and creativity in developing a web-based instrument to help divorcing parents reduce the adverse consequences of conflict and divorce on their children. The United States Air Force will be recognized for its outstanding dispute resolution programs in contract, workplace, and labor-management disputes in which it established the procedural guidelines for integrating ADR as an essential part of the processes by which the Air Force resolves its disputes. The tickets are $50 and can be purchased on line at www.abanet.org/annual/2003 or call the Section Staff office at (202) 662-1680. The presentation will occur on Friday, August 8 in Room 104-Exhibitor Level of the Presidential CLE Center Moscone Convention Center – South. The purpose of the award is to recognize lawyers who in their professional capacities use their lawyering and problem-solving skills to forge creative solutions.  The Section of Dispute Resolution is dedicated to assisting lawyers and neutrals in acquiring and applying skills that permit innovative and efficient resolution of conflict.  The award is given to a member of the legal profession who has exhibited extraordinary skill in either promoting the concept of the lawyer as problem-solver or resolving individual, institutional, community, state, national, or international problems. Recipients are acknowledged for their use or promotion of collaboration, negotiation, mediation, counseling, decision-making, and problem-solving skills to help parties resolve a problem in a creative and novel way. Jack Hanna 202-662-1690 740 15th Street NW Washington, DC 20005 Fax 202-662-1683 hannajack@staff.abanet.org Web: http://www.abanet.org/dispute Save the Dates: ABA Annual Meeting, August 8-10 San Francisco Section of Dispute Resolution Annual Spring Conference April 15-17,2004 New York City Celebrating Ten Years of Service to the Dispute Resolution Profession


Friday, May 30, 2003 ABA Journal E-Report © American Bar Association


DISPUTE RESOLUTION CLAUSES KEEP THE FAITH

Many Clients Asking for Mediation Under Christian Principles

BY MARGARET GRAHAM TEBO

The question some lawyers’ Christian clients are asking these days is, “What would Jesus do?”

Those clients are seeking religious guidance for their legal relationships, and are incorporating mandatory dispute resolution clauses into contracts that call for using biblical principles in arbitration or mediation. In at least two cases, courts have accepted such clauses.

At the heart of the movement is the Institute for Christian Conciliation, part of Billings, Mont.-based Peacemaker Ministries, a nonprofit association founded in 1982. The central idea is the concept of Christian conciliation, coined in the early 1980s by a group of lawyers who met regularly for Bible study and prayer. The group concluded that certain Bible passages call upon Christians to settle their disputes within the church family.

Increasingly, lawyers are being asked by clients to incorporate conciliation clauses into legal documents, says Lynn Pace, director of the Institute for Christian Conciliation, which was founded in 1993. Such clauses typically require the parties to attempt to resolve their disputes using Christian principles, first by negotiating with one another, then by attending mediation sessions moderated by a Christian conciliator certified by the institute, says Pace, an attorney.

Ultimately, if necessary, the parties may seek binding arbitration following the rules for Christian conciliation, she says. According to Pace, there are about 90 conciliators nationwide. Some are lawyers; the rest are mostly clergy and professional counselors.

The institute has even promulgated the Rules of Procedure for Christian Conciliation, a set of guidelines that require parties to use both legal and biblical principles in mediations and arbitrations, Pace says.

At least one court has found the clause to be a binding arbitration agreement. In Encore Productions Inc. v. Promise Keepers, 53 F. Supp. 2d 1101 (D. Colo. 1999), the court found that the parties had contractually agreed to binding arbitration by a Christian conciliator.

In another case, Prescott v. Northlake Christian School, 244 F. Supp. 2d 659 (E.D. La. 2002), the court confirmed an award by a Christian arbitrator. The opinion said the arbitrator had the authority to find that a Christian school breached its employment agreement with a teacher because it did not follow biblical principles as called for in the contract. The arbitrator said those principles required the school to attempt conciliation before firing the teacher.

The parties had agreed to submit themselves not only to the civil law but to biblical authority, said the court, and an arbitration award cannot be overturned simply because the arbitrator fashioned a remedy that would not have been available to the court.

Such arbitration clauses between similarly situated individuals are generally enforceable, says Northwestern law professor Steven Lubet. Problems of enforceability might arise if such a clause were used in a contract in which the terms are not negotiable, such as in a secular employment contract.

“I think it would be a real challenge to enforce an adhesion contract like that, where someone is forced into a religious arbitration over the terms of their employment where the employer is not a religious organization, but is, say, a big department store owned by someone who wants to use this clause,” says Lubet, an expert in alternative dispute resolution.

Lubet notes that Judaism has long had a tradition of parties agreeing to settle disputes by a panel of rabbis, though those decisions are not typically legally binding in secular courts because there is no similar arbitration language.

A typical conciliation clause for a contract offered by the institute reads: “The parties to this agreement are Christians and believe that the Bible commands them to make every effort to live at peace and to resolve disputes with each other in private or within the Christian church (see Matthew 18:15-20; Corinthians 6:1-8). Therefore the parties agree that any claim or dispute arising from or related to this agreement shall be settled by biblically based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries.”

One attorney who has used the Christian conciliation clause is JoAnn Schmitz, a solo practitioner in Colorado. At first, she says, she worried that the process would weaken her client’s rights in a dispute. But she included an opt-out clause, so she agreed to include conciliation language in the client’s contract. She says she also found that under the rules, parties may negotiate a requirement of mutual agreement for the case administrator selection, specific requirements for the mediator’s or arbitrator’s training, limits on administration expenses and other typically negotiable elements. The process also allows for parties to bring secular law into the discussion and to have attorneys present.

Lubet says that finding new methods of resolving disagreements is generally beneficial, so long as religious forums are not forced on parties who don’t wish to participate.

“In a pluralistic society, it’s good to experiment with other means of dispute resolution, but it’s not good to impose it on people who have had second thoughts,” he says.

SOUTHERN CALIFORNIA MEDIATION ASSOCIATION FILES HISTORIC AMICUS BRIEF IN ROJAS CASE Courageous Stand Against Conventional Wisdom in Mediation World Essential to Preserving Mediation Integrity; Brief Supports Petitioners’ Claim that the Mediation Confidentiality Statute Does Not Apply to Raw Data or Non-Derivative Evidence Disclosed in Discovery During Mediation LOS ANGELES –  The Southern California Mediation Association (“SCMA”) announced (May 22, 2003) its historic, first-ever filing of an Amicus Curiae brief, in support of the petitioners in Rojas v. Superior Court, 102 Cal. App.4th 1062 (2002).  Rojas held that the mediation confidentiality statute, California Evidence Code § 1119, does not apply to raw data or “non-derivative” evidence disclosed in a mediation, and provides only a qualified protection for “amalgamated materials” such as charts and diagrams prepared by an attorney and disclosed in a mediation.

In Rojas, tenants requested that a developer produce photographs and related materials in discovery.  The developer had previously used the photos in a related case, which was subsequently settled.  In Rojas, the developer then claimed that the settlement negotiations in the earlier case amounted to a “mediation” and that the materials were “prepared for mediation” within the meaning of the Evidence Code.  The Court of Appeal ruled that the developer should produce the photos notwithstanding the “mediation confidentiality” arguments he asserted.  SCMA supports this position.

“We realize that this position may seem counter-intuitive to some,” stated SCMA President, Esther Carson Bleuel.  “We also acknowledge that this may not be the conventional wisdom.  However, as a board, we deliberated long and hard before voting overwhelmingly in favor of taking this position.  In the final analysis, we are absolutely not against mediation confidentiality; far from it – rather, we are in favor of mediation integrity.”

The SCMA brief, written by Wendy Lascher of Ventura and SCMA Board Member Jeff Kichaven of Los Angeles, supports the majority opinion of Justice Lillie of the Court of Appeal that permitted discovery of the photographs and other documents that were the subject of this dispute.  The brief makes it clear that the California Evidence Code provides a valuable mechanism to keep confidential documents and evidence that are “prepared for mediation,” when those materials are so designated in advance.  Rojas merely prohibits parties from exploiting the confidentiality statute or obstructing the administration of justice.  In particular, the SCMA brief makes the following points:

I.      Affording absolute confidentiality to all evidence belatedly claimed to have been “prepared for mediation” would destroy the integrity of mediation and the integrity of litigation as well. A. A rule of absolute confidentiality conflicts with the legislative goal of encouraging mediation. B. The Foxgate decision does not require that evidence prepared for mediation automatically be afforded absolute confidentiality. C.  In this instance, Evidence Code Section 1119 does not apply because the settlement proceeding in the earlier related case was in fact, not a mediation.

II.     A party who intends to claim mediation confidentiality must identify evidence as prepared solely for mediation at the time the evidence is disclosed at the mediation.

“SCMA has a responsibility to provide leadership and support to the mediation community,” stated SCMA Board Member, Jeff Kichaven. “The SCMA board feels it is vital to protect the integrity of mediation and to encourage public confidence in its use.  The primary goal and value of mediation is to foster informed self-determination in the resolution of conflict.  In the context of litigated cases, mediation helps courts manage crowded dockets, serves the interests of clients in achieving settlements when reasonably possible, and assists the public in the administration of justice.  Mediation can serve these goals only if its integrity is preserved, and that requires the Supreme Court to affirm the Court of Appeals’ decision in Rojas.  We didn’t think anyone else in the mediation community was going to step forward and say so – that’s why the SCMA Board was so courageous in voting as it did.”

The Southern California Mediation Association was founded in 1989 to respond to the growing interest in mediation as a profession and in mediation as an effective adjunct or alternative to other forms of problem solving.  SCMA has approximately 500 members and is Southern California’s leading provider of continuing professional education for mediators.  For more information, please visit the SCMA’s web site at www.scmediation.org.

Networking & Resource Center for Mediation Program Managers — Build the Quality of Your Mediators The Keybridge Foundation, in collaboration with CRInfo and funded by the Hewlett Foundation, is pleased to announce the launch of the Clearinghouse for Mediation Program Managers website. This website will enable mediation program managers to network with other programs, share knowledge and expertise, and exchange information about current mediator management practices. Our focus is on assisting program managers as they create and manage rosters of mediators. Please visit the site at www.crinfo.com/mediation-program-managers. If you manage a roster, fill out our questionnaire of Mediation Program Roster Practices so that we can begin to collect data for the Clearinghouse. The data from many programs will in turn be helpful for you in developing or improving your own program. Whether the program serves a court system, community mediation center, state or federal agency, or private referrals, the Clearinghouse provides links, articles, and tools to support mediation program managers. Please direct feedback to adr@keybridge.org.

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 fredricks@mc.ohio.org I look forward to hearing from you

 

New Members and Additions/Corrections to the Directory:

New and renewing members may send applications to OMA’s President Elect, Shirley Cochran at 2897 Liberty Bell Lane, Reynoldsburg OH 43068 Contact Shirley for membership applications or to provide updated addresses, phone numbers, etc, for OMA’s mailing lists and directory. A membership application can be sent electronically for your convenience or you can download it from the OMA website www.mediateohio.org.

 

Networking & Resource Center for Mediation Program Managers — Build the Quality of Your Mediators The Keybridge Foundation, in collaboration with CRInfo and funded by the Hewlett Foundation, is pleased to announce the launch of the Clearinghouse for Mediation Program Managers website. This website will enable mediation program managers to network with other programs, share knowledge and expertise, and exchange information about current mediator management practices. Our focus is on assisting program managers as they create and manage rosters of mediators. Please visit the site at www.crinfo.com/mediation-program-managers. If you manage a roster, fill out our questionnaire of Mediation Program Roster Practices so that we can begin to collect data for the Clearinghouse. The data from many programs will in turn be helpful for you in developing or improving your own program. Whether the program serves a court system, community mediation center, state or federal agency, or private referrals, the Clearinghouse provides links, articles, and tools to support mediation program managers. Please direct feedback to adr@keybridge.org.

 

FMCS PROPOSES REGULATION THAT WOULD CREATE A PRIVATE-SECTOR MEDIATORS’ REGISTRY. In May, 2003, a regulation was proposed in the Federal Register to create a registration system under the administration of the Federal Mediation and Conciliation Service (FMCS). The registry would improve public access to experienced private-sector mediators according to FMCS officials. Officials provided 60 days for comment which will expire July 1, 2003. The plan is to have the registry in operation in 2004. Check out the access to the regulation through the FMCS website: www.fmcs.gov. The FMCS created in 1947, is an independent agency whose mission is to preserve and promote labor-management peace and cooperation. Headquartered in Washington, DC, with five regional offices and more than 70 field offices, the agency provides mediation and conflict resolution services to industry, government agencies and communities.

 

Newscaster Material: Please send material for the Newscaster by the 20th of the even numbered months to permit publication in the newsletter The next deadline is August 20, 2003 My address is 2897 Liberty Bell Lane, Reynoldsburg, OH 43068 Phone/fax: (614) 863-4775 E-mail: scochran@insight.rr.com Thanks, Shirley Cochran, Editor

 

Job Announcements: We have no announcements for this Newscaster, but there are some announcements that become available for the meetings Be sure to attend the meeting and check the Newscaster 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

 

University of Cincinnati Wins the 2003 Representation in Mediation Competition.

(From Just Resolutions, May 2003, Vol. 8, No. 3 Issue No. 23, the Newsletter of the American Bar Association Section of Dispute Resolution.)

Two students from the University of Cincinnati College of Law won the 2003 Representation in Mediation Competition in San Antonio on March 20, 2003. The championship team members are Patricia Foster and Susan Coan, coached by Marjorie Aaron. In this fourth annual competition sponsored by the American Bar Association Section of Dispute Resolution and the American College of Civil Trial Mediators, 88 teams from 46 different law schools competed in regionals across the country. The top team from each regional advanced to compete in the National Competition in San Antonio. The 2004 National Competition will be held in conjunction with the Section’s Spring Conference in New York City, April 15-17. Regionals will be held in early March, 2004 For more information about the competition see the Section’s website or call (202) 662-180.

 

American Bar Association Section of Dispute Resolution Calendar of Events

August 8-10, 2003 – ABA Annual Meeting/ DR Section Programs & Meetings

San Francisco, CA San Francisco Marriott – DR Section hotel, business meetings and programs

Presidential CLE Center – Moscone Convention Center, South – CLE Programs

See DR Section schedule: www.abanet.org/dispute/annual03.pdf

September 12, 2003 – International Dispute Resolution By the Rules: Opportunities in Mediation and Arbitration Washington, D.C. The Ritz-Carlton, (202) 835-0500

http://www.abanet.org/dispute/internationalarbconfdcflier.pdf

October 9-10, 2003 – Third Annual Indian Tribes, Natural Resources and ADR Conference

Durango, CO Sponsored by The Environment and Natural Resources Committee For more information, contact Heather Sibbison at hsibbison@pattonboggs.com.

November 13-14, 2003 – The Second Annual National Institute on Advanced Mediation and Advocacy Skills Training Philadelphia, PA ABA Center for Continuing Legal Education: http://www.abanet.org/cle/programs/n03mst1.pdf

February 7-8, 2004 – ABA Mid–Year Meeting/ DR Section Meetings San Antonio, Texas

Hilton Palacio del Rio (210)222-1400

April 15-17, 2004 – 6th Annual Section of Dispute Resolution Conference New York, New York Sheraton Hotels of New York, (212) 841-6490 Program Proposal Form: http://www.abanet.org/dispute/rf_proposals.doc

August 6-8, 2004 – ABA Annual Meeting/ DR Section Programs & Meetings Atlanta, Georgia

For additional information on meetings, contact: American Bar Association Section of Dispute Resolution, (202) 662-1687, dispute@abanet.org, or check www.abanet.org/dispute for updated schedules and information on upcoming meetings.

Request for proposals: You are invited to submit proposals for the Section of Dispute Resolution Sixth Annual Spring Conference in New York on April 15-17, 2004.    Please click here to log on the Section’s web page http://www.abanet.org/dispute/rf_proposals.doc to get the Request for Proposals form for the Sixth Annual Spring Conference.  Please note the April 15-17, 2004 dates for the conference and consider submitting a proposal by the August 29, 2003 deadline. Jannice Hodge-Bannerman Meetings Manager American Bar Association Section of Dispute Resolution 740 15th Street NW Washington, DC 20005 Phone: 202 662 1687 Fax: 202 662 1683 hodgej@staff.abanet.org http://www.abanet.org/dispute Celebrating Ten Years of Service to the Dispute Resolution Profession

 

TRAINING & WORKSHOPS:

Basic Mediation Training with Marie Hill and Lou Ann Wood at Beech Acres Mediation Center, Sept. 25-26, 2003 and January 29-30, 2004.  To register or receive a brochure, e-mail Marie at mhill@beechacres.org or call 513-231-6630.

Community Mediation Services of Central Ohio and the Columbus Bar Association present Basic Mediation Training July 16 & 17, or September 16&17, 2003 40 Hour Domestic Mediation Training October 15, 16, 21, 22, 23, 2003 Presenter Shelley Whalen, LSW, Executive Director of CMS and a past president of OMA Schedule 8:30 AM-6:00 PM, 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

 

Capital University Law School Center for Dispute Resolution

Basic Mediation and Advanced Mediation Training Information 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

 

Conflict Management Services

Presenters Cheryl M Lowry, Ph D, Robert N Wistner, JD, Leslie Martin, BA, and Kenneth T Davis, BA Contact Cheryl (614) 488-4540, Suite 126, 1500 W Third Avenue, Columbus, OH 43212 E-mail: cms@iwaynetnet Website: www.conflictmgmt.com Basic Mediation: July 10-11, Aug. 7-8, Sept. 4-5, 2003; Divorce Mediation: July 23-25 & 31-Aug. 1, 2003; Sept. 10-12 & 18-19, 2003; Mediating Divorce Finances: Aug. 21-22, 2003; Transformative Mediation: Aug. 28-29, 2003; Principled Negotiation: July 15-16, 2003; Mediating with Teenagers: Aug. 12, 2003; Group Facilitation: July 29, 2003.

 

ACR Conferences: Association for Conflict Resolution (a merged organization of AFM, CREnet and SPIDR) 1527 New Hampshire Ave, NW Washington, DC 20036 Tel: 202-667-9700 Fax: 202-265-1968 E-mail: acr@acresolution.org Web: http://www.acresolution.org

ACR’S FAMILY SECTION CONFERENCE A Family Affair: Making Room at the Table July 10-13, 2003 Hyatt Hotel, Denver, CO

SAVE THE DATE: ACR’S THIRD ANNUAL CONFERENCE The World of Conflict Resolution: A Mosaic of Possibilities October 15-18, 2003 Orlando, Florida USA

 

 

MEDIATION TRAINING & CONSULTATION INSTITUTE ANNOUNCES 40 HOUR DIVORCE AND CUSTODY MEDIATION TRAININGS (Mich., PA, IL) July 14-18, 2003 Chicago, Illinois August 4-8, 2003 Ann Arbor, Michigan December 3-5 and 9-10, 2003 Ann Arbor, Michigan Faculty: Zena D. Zumeta, J.D., and associates “The best training in the field of mediation that I’ve been to!” Michigan Participant, 2002 To register or for more information, call 1-800-535-1155 or (734) 663-1155 or visit the MTCI website at www.learn2mediate.com Register one month prior to session start date and receive an early registration discount.

 

Resolving Workplace Deputes Involving Individuals with Disabilities: Institute for ADA Mediation, A program of the Access Center Partnership and the University of Louisville Labor-Management Center, August 14-15, 2003. The course will be valuable for experienced mediators seeking specialty training, attorneys representing clients in mediation, and government and union EEO officials wanting to increase their knowledge in this area. It would also benefit human resource professionals and in-house counsel who see mediation as a valuable tool to maintain a productive workforce and reduce potential lawsuits. Contact info Phone: (502) 458-9675, Fax: (502) 595-2362, info@accessada.win.net www.win.net/accessada.

 

Collaborative Family Law Training presented by John L. McElwee, J.D., August 7 & 8,, 2003, Clarion Hotel, Cincinnati OH (Exit 15 at I-71 and Pfeiffer Road). Develop future collaborative alliances, work with like minded attorneys dedicated to professional problem solving, develop a common ethic and enjoy your profession. Limited to 26 registrants Collaborative Law Training, Inc., PO Box 42414, Cincinnati OH 45242, or (513) 984-1811 Fax: (513) 984-1812, e-mail: McElweeLaw@aol.com.

 

SEPTEMBER 13, 2003 – MALIBU, CA AVOIDING AND RESOLVING CONSTRUCTION CLAIMS The Los Angeles County Bar Association’s Dispute Resolution Services and Real Property Sections, Pepperdine Law School’s Straus Institute of Dispute Resolution, and the American Arbitration Association are proud to announce the Second Annual program focusing on avoiding and resolving construction claims.  This one-day program at Pepperdine’s beautiful Malibu campus features a faculty of the finest attorneys, construction managers, and risk managers on the west coast.  Last year’s program was a huge success and featured supporting organizations such as the AIA, CSI, NAMC, NAWC and WCCC. For more information, please contact Lee Jay Berman at leejay@mediationtools.com.

 

SEPTEMBER 15-16 – LOS ANGELES, CA ADVANCED MEDIATOR SKILLS with EMPHASIS ON DIVERSITY & CROSS-CULTURAL SKILLS The United States Agency for International Development (USAID) and Institute for Mediation Studies are offering an Advanced Mediator Skills Course emphasizing Cross-Cultural and Diversity issues.  The curriculum will feature advanced Communication and People Skills, advanced Case Discussion and Settlement Techniques, and advanced Convening Techniques.  It will focus on multi-party and multi-issue disputes, and techniques for breaking impasse.  It will cover advanced training topics such as cross-cultural issues, dealing with the parties’ and the mediator’s own emotions, communication skills, power imbalance, convening, working with the parties, their attorneys, and insurance adjusters, and addressing complex legal issues, including those outside of the mediator’s personal expertise.  It will taught by Lee Jay Berman and held at the Los Angeles County Bar Association’s Lexis-Nexis Conference Center in downtown Los Angeles.  For more information, please contact leejay@mediationtools.com.

 

Web Sites of Interest:

Ohio Commission on Dispute Resolution and Conflict Management: www.state.oh.us/cdr
Ohio Mediation Association: www.mediate.ohio.org
Ohio State Bar Association: www.ohiobar.org
The Conflict Resolution Master of Arts degree program at Antioch University/McGregor School www.mcgregor.edu
The Academy of Management, Conflict Management Division has their new newsletter on-line at http://aompace.edu/cmd/newslett/newsletter2001.htm

 

“Addressing the Redress: A Discussion of the Status of the United State’s Postal Service’s Transformative Mediation Program” by Professor Lisa B Bingham, Indiana University School of Public and Environmental Affairs Cardozo On-Line Journal of Conflict Resolution, Vol 2, 2001, http://www.cardozoyu.edu Go to Publications, then On Line Journal, Current Volumes, Volume 2 No 2, and Symposia and it is the first article

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 Ohio: 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

 

Ohio Mediation Association
c/o Ohio Commission on Dispute
Resolution and Conflict Management
77 South High Street, 24th Floor
Columbus OH 43215-6108

July 2002

By | Newsletter | No Comments

NEWSCASTER
Ohio Mediation Association

PMB OMA
2545 Hilliard-Rome Road
Hilliard OH 43026-9471

A Bi-Monthly Publication July 2002

President: Bridget Durham (614) 645-6624 Fax: (614) 645-8902 E-mail: BDDurham@cmhmetro.net
President Elect: Martha Antolik (937) 264-2336 E-mail: mantolik@coax.net
Vice President: Patti Maiorino (740) 392-9957 Fax: (740) 392-9045 E-mail: maiorino@axom.com
Secretary: Mary McClain ( 513) 684-2321
fax: (513) 684-6696 E-mail: mary.mclain@eeoc.gov
Treasurer/Newscaster Editor: Shirley Cochran (513) 732-7397 Fax: (614) 863-4775 E-mail: scochran@insight.rr.com
Immediate Past President: Wendy Hawbaker (440) 576-3628 E-mail: ashtamediate2@suite224.net

Mark your calendars for more of our Year 2000-2001 meetings:

All meetings to be held at 11:30 AM at the MCL Cafeteria at Westerville and Schrock Roads in Westerville until further notice: (Directions on back page.)

August 2, 2002: Votes on proposed two-year plan.

October 4, 2002: TBA

December 6, 2002: TBA

President’s Column
By Bridget Durham

I’d like to thank all of those who responded to the request for information in the May Newscaster. It was truly exciting, as well as enlighten, and even affirming, to open and read your emails. Some of what you asked for/about has been incorporated into a proposed 2-year goals statement. I am not entirely sure what to call this “document” as to my knowledge OMA has never had one. Strategic plan, business plan, goals statement, wish list…….an ambitious body of work. (Suffice it to say, that whelping, raising and finding homes for our seven boxer puppies was a piece of cake compared to what we are proposing to do over the next 24 months!)

For those of you who missed our June 7, 2002 meeting, I’d like to take this opportunity to bring you up to speed. In addition to an informative presentation on the pros and cons of OMA becoming a Chapter of the Association of Conflict Resolution (ACR), by Marya Kolman, the Executive Committee proposed a detailed 2-year business plan. The 2-year strategic plan will be formally presented and voted on at the August 2, 2002 meeting.

Due to the newness of such an approach, the significance of the tasks and issue, and our desire to be as inclusive of membership input as possible, we will use the entirety of the August 2 nd meeting to discuss and vote on this “project.” We will resume our traditional networking luncheon with a presenter on October 4, 2002.

First and foremost, OMA’s mission would not in any way be altered by any of these items. Our purpose in developing and proposing this plan is simply to generate more opportunities for our members, assume a leadership role in Ohio’s mediation community and to build bridges between ourselves and other leaders in Ohio’s mediation community. There would just be more going on, in addition to our monthly luncheon meetings. The mission of OMA would not change!

Items in Proposed Two-Year Plan:

  • The Executive Committee proposes OMA enter into a cycle of planning , 2 years at a time. This cycle would enable the incoming President and President-Elect to be proactive and deliberate in their leadership of OMA. At the conclusion of OMA’s annual meeting/seminar, in April, the newly elected Executive Committee would plan a series of May meetings to establish, define and prepare to propose at the June meeting, their 2-year business plan.
  • The current Executive Committee would like to re-establish four committees . Each committee would have an Executive Committee liaison. Committees, Executive Committee Liaisons and duties being proposed are:
    1. Membership Committee – Secretary/EC Liaison

The purpose of the Membership Committee would be to foster and promote the growth of membership, keep accurate/current membership roster, collect dues and send out renewal reminders, maintain and update on line roster, secure member profiles and publish four in each edition of the Newscaster, host one membership drive per year, respond to membership inquiries, develop and send “Welcome New Member” packets, and revise/update membership application. Sharon Travis has volunteered to be the Membership Committee chairperson.

    1. Public Relations Committee – President Elect/EC Liaison

The purpose of the Public Relations Committee would be to engage in public education, tell “stories” of mediation, actively solicit speaking/presentation opportunities for OMA, finalize current draft brochure and make available, work with Annual Event Committee to promote OMA’s annual event, develop a traveling tri-fold OMA display, and work with Membership Committee to develop a “Welcome New Member” packet. Two members have expressed interest in being involved in this committee. (Jay Patterson and Joe Palmer)

    1. Annual Event Committee – Vice President/EC Liaison

The purpose of the Annual Event Committee would be to secure a location/facility for the annual event, seek and select presenters, handle all aspects of registration, and work with the Public Relations Committee to promote the event.

    1. Advisory Committee – President/EC Liaison

Membership on this committee is proposed to be “position specific.” The positions being proposed are:

· Ohio State Bar Association, Dispute Resolution Committee Chairperson

· Director, Supreme Court of Ohio’s Dispute Resolution Section

· Director, Ohio Commission on Dispute Resolution & Conflict Management

      • Representative from Ohio State University’s Dispute Resolution Certificate Program
      • Representative from Capital University’s Dispute Resolution Certificate Program
      • Representative from Antioch University’s Masters in Dispute Resolution Program
      • Representative from Ohio’s community of Community Mediation Centers
      • Representative from Ohio’s community of Private Practice Mediators
      • Representative from Ohio’s minority/cultural issues/diversity mediation community
      • Representative from Ohio’s Legislative community
      • At-Large
      • At-Large

The purpose of the Advisory Committee would be to provide OMA with a structured opportunity to establish contacts and relationships, decrease the duplication of efforts, enhance working relationships and resources available to OMA, create a “council of elders”. The Executive Committee would maintain its ability to make decisions and recommendations to and for the membership. The Advisory COMMITTEE would not function as an Advisory Board.

“Committee/Commissioner” Membership for OMA’s President would be sought as a “reciprocal” at OSBA’s DR Committee, the Supreme Court’s DR Board as well as the Ohio Commission’s Commission.

Additional goals for the 2002-2004 planning cycle include:

· Secure “ membership ” for non-OSBA (= non-attorney) mediators to OSBA’s Dispute Resolution Committee . OMA President, Bridget Durham, spoke to the OSBA DR Committee in regard to this matter during their May, 2002 meeting. There is no opposition to non-OSBA members being involved with the committee. The committee has agreed to look into the formal process for requesting membership be made available to non-OSBA members. It is however, expected that this process will be cumbersome, lengthy and possible unsuccessful. In the meantime, OMA members have been invited to attend and participate in the next two OSBA DR Committee meetings. The dates are September 13, 2002 and January 10, 2003. OMA President, Durham has been added to the Committee’s list serve and will be included in all committee communications. This information will in turn be reported/forwarded to OMA’s membership. Times and locations of these next two meetings will be forwarded as well.

· Create and begin using a “Member Profile” (see Membership Committee). This would be a separate page of the membership application and become a tool for getting to know our current as well as most recent members. Information would revolve around that member’s experiences in mediation, “quotable quotes”, interests, and types of mediation services you might like to have publicized in the Newscaster.

· Develop OMA’s annual event into a two-day event. (See Annual Event Committee). Initial thoughts are that, in addition, to the current one-day presentation, we add a second day affording OMA members an opportunity to make presentations. This structure would increase member awareness, exposure and profile within the Ohio mediation community. Ideally, “member presented sessions” would be scheduled for the morning and repeated in the afternoon, enabling every participant to benefit from attending two “member presentations.”

· Develop and present a “ votable budget ” at the 2003 Annul Meeting. OMA does not use an operating budget.

· Increase membership dues from $35. – to $50. – effective April 2003.

· Develop a traveling, tri-fold, OMA display . (See Public Relations Committee).

· Membership Committee would hold a minimum of one membership drive “event” each year.

· Contested elections for seats on Executive Committee as well as standing committees.

· Development and use of a “Welcome New Member” packet. (See Membership and Public Relations Committee.) This packet would include, a membership directory, three most recent editions of Newscaster, welcome letter with information about leadership and committee work opportunities, copy of by-laws, and a list of upcoming meetings and presenters.

As you can see, we have been busy and are sincere about responding to your needs and OMA’s future. Please join us on August 2, 2002 for a discussion and vote on this issue.

Patricia (Patti) Maiorino OMA’s new Vice President

–Ohio Attorney (almost 20 years) with state-wide practice limited to mediation, arbitration, and conflict management services.  Practice includes domestic, civil, business, employment mediation.  Truancy mediator with Project SMART. Peer mediation instructor to Knox County middle school students.  Arbitrator with Better Business Bureau.  On-line mediator with SquareTrade.com.  Mediator for Knox County and Licking County Board of Realtors.

–Former municipal court judge (8 years) and domestic relations referee (4 years)

–Hanover College, BA; University of Kentucky College of Law, JD

Ohio State Bar Association Dispute Resolution Committee Meetings
As a result of OMA’s ongoing dialogue with the Ohio State Bar Association’s Dispute Resolution Committee, all OMA members are invited to attend the committee meetings scheduled for September 13, 2002 and January 10, 2003. The Committee meets at the Hyatt on Capital Square during the OSBA’s committee meetings at 3:15 PM on Friday afternoon. Meetings are usually no longer than two hours and are informative as well as a place to network with others in the dispute resolution field.

New Book by an OMA Member: Assembling this list I am reminded how fortunate I am to know and work with fine people… some of you have been my friends for many years, others newer friends with whom I share the effort of furthering mediation. I have written a novel, HERE ON MOON, recently published, about a woman who struggles with infidelity and divorce, and mediation is a major player in helping her get over it and get on with it. The book is available online and in bookstores and libraries. If you choose to read it, please let me hear from you. Ed Krauss

Officers divide State
The OMA officers have divided the State of Ohio into four basic regions and have taken on the task of contacting mediators in those counties to see if there is an interest in a meeting on the new responsibilities under the UMA and what the OMA might be able to do for them. Each officer’s counties list is as follows: NORTHEAST—Wendy Hawbaker: Ashland, Ashtabula, Carroll, Columbiana, Cuyahoga, Geauga, Lorain, Lake, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull, Wayne, Tuscararus, Harrison, Jefferson. NORTHWEST—Bridget Durham: Crawford, Defiance, Fulton, Hancock, Henry, Lucas, Marion, Morrow, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, Wood, Wyandot, Delaware, Auglaize, Mercer. SOUTHEAST—Shirley Cochran: Athens, Belmont, Fairfield, Guernsey, Hocking, Jackson, Lawrence, Monroe, Morgan, Muskingum, Noble, Perry, Vinton, Washington, Franklin, Knox, Coshocton. SOUTHWEST—Martha Antolik: Adams, Brown, Butler, Clark, Clermont, Clinton, Darke, Fayette, Greene, Hamilton, Highland, Madison, Miami, Montgomery, Pickaway, Pike, Preble, Ross, Scioto, Warren, Shelby, Union. If you are from any of these counties, or know of mediators or programs in these counties, contact the appropriate officer at the e-mail or phone listed above.

VOLUNTEERS NEEDED FOR

MOCK MEDIATION FORUM

The Ohio Judicial Conference is sponsoring a pilot Mock Mediation Forum for 7 th and 8 th graders in Cuyahoga, Lake and Ashtabula Counties for the fall of 2002.

This inaugural Forum will include teams from 25 schools who have existing conflict resolution programs. Students will be given a case reflecting a real-life situation they might encounter, and volunteer teachers and coaches will guide them in mediation techniques. On the day of the Forum, teams will gather at a centrally located site and will demonstrate a mediation to a team of evaluators. Teams will be given feedback and constructive criticism and will be awarded a ranking. A group session for all 25 teams will culminate the Forum and will give the students the opportunity to observe professional mediators in a simulated session.

Volunteer coaches and evaluators are needed to make this project a success. Please contact Wendy Hawbaker, OMA Immediate Past President, at (440) 576-3628 ashtamediate2@suite224.net or Karen Frees at the Ohio Judicial Conference (800) 282-1510, for more information.

!!TIME TO RENEW YOUR MEMBERSHIP!!
When you signed up for the Annual Conference did you conveniently send in your $35 annual dues for the 2002-2003 year? If not, please complete the Membership Application that has been mailed to you so we have accurate, updated information, or contact any officer for an application by e-mail attachment or snail mail.

New Members and Additions/Corrections to the Directory:

New and renewing members may send applications to OMA’s treasurer, Shirley Cochran at 28987 Liberty Bell Lane, Reynoldsburg OH 43068. Contact Shirley or Sharon Travis, Membership Committee Chair, for membership applications or to provide updated addresses, phone numbers, etc., for OMA’s mailing lists and directory. A revised membership application can be sent electronically for your convenience.

New Members:

Richard L. Altman
Northwest Ohio Mediation Services
C/o Henry County Courthouse, POB 70
Napoleon, OH 43545
419/592-5105
419/599-0803 FAX
ffofnwoh@brightnet.net

Better Business Bureau of Northwestern Ohio and Southeastern Michigan, Inc.
Faye E. Wenzlick
3103 Executive Parkway #200
Toledo, OH 43606
419/578-6000
419/578-6001 FAX
faye@toledobbb.org
Areas of Practice: Business/Commercial, Consumer/Business

Gina Crawford
23818 Cliff Drive
Bay Village, OH 44140
440/617-0377
gmcrawfo@yahoo.com
Areas of Practice: Family, Divorce, Juvenile, Interpersonal

Robert M. Curtis
9261 Pekin Road
Novelty, OH 44072
440/338-4923
rmcurtis@adelphia.net
Areas of Practice: Family, Divorce, Neighborhood/Community

Jan Marie Fritz
7300 Aracoma Forest Drive
Cincinnati, OH 45237
513/556-0208
513/556-1274 FAX
jan.fritz@uc.edu
Areas of Practice: Interpersonal, Neighborhood/Community, Business/Commercial, Environmental

Sheryl A. Gould
2862 Southfield Drive
Beavercreek, OH 45434
937/429-4923
937/426-9547 FAX
sachgould@yahoo.com
Areas of Practice: Family, Divorce, Interpersonal, Neighborhood/Community, Juvenile, Civil

Eddie W. Jones, Jr.
2372 Rolling Rock Drive
Columbus, OH 43224
614/891-9972
614/891-2903 FAX
Areas of Practice: Labor/Employment

Robert H. Monnaville, Attorney at Law
163 N. Sandusky Street
Delaware, OH 43015
614/570-8018
614/431-6442 FAX
bmonnavill@aol.com
Areas of Practice: Divorce, Interpersonal, Neighborhood/Community, Business/Commercial, Labor

Joy Unspeakable
Sandra Quick
1276 Saffron Place
Galloway, OH 43119
614/878-9779
614/878-9702 FAX
Areas of practice: Juvenile, Faith-Based

Creative Resource Options
Andrea Williams
POB 46487
Bedford, OH 44146
440/439-3867
440/439-9861 FAX
akwilliams@ix.netcom.com
Areas of Practice: Family, Juvenile, Neighborhood/Community, Business/Commercial, Disability

Corrections:

Sharon F. Buzo
Family Mediation Services
5571 Ridgewood Lane
Brecksville, OH 44141

Phyllis Hulewat, LISW
23230 Chagrin Boulevard
Building #3, Suite 350
Beachwood, OH 44122
216/831-2900
216/831-4306 FAX
phulewat@aol.com
Areas of Practice: Family, Divorce, Interpersonal

Tuscarawas County Court of Common Pleas
Andrea Fischer Imke
125 East High Avenue, Room 225
New Philadelphia, OH 44663
330/365-3269
fischer@co.tuscarawas.oh.us
Areas of Practice: civil and domestic relations

Main Street Mediation
205 W. Brown Street
New Lexington OH 43764

Edward E. Turner
State Employment Relations Board
65 East State Street – 12th Floor Columbus, OH 43215-4213
614/644-8716;614/466-3074 FAX
eturner@serb.state.oh.us

Martha Antolik
1424 Cole Court
Vandalia OH 45377
Phone: (937) 264-2336

Newscaster Material: Please send material for the Newscaster by the 20 th of the even numbered months to permit publication in the newsletter. The next deadline is August 20, 2002. My address is 2897 Liberty Bell Lane, Reynoldsburg, OH 43068. Phone/fax: (614) 863-4775. E-mail: scochran@insight.rr.com . Thanks, Shirley Cochran, Editor .

Negotiation Tips from Sherman’s Executive Communicator. Subscribe for free at www.ShermanLeadership.com

·ESPN recently aired an interview with the NBA’s most prolific intimidator of referees, Rasheed Wallace.  The Portland Trailblazer basketball star has received his share of technical fouls for his
outrageous conduct. But the interview took on an interesting twist when the focus switched
to the possible source of Rasheed’s style of negotiating . . . his mother.  Rasheed’s mother said that her son “may” have learned to deal with conflict from her.  With a sly smile on her face, she admitted that she “enjoyed” intimidating others.

·Individuals who have gone through life attempting to intimidate are everywhere.  You probably know by now, however, that no one can intimidate you.  You allow others to intimidate. You also know that these people can smell fear.  If your eyes move from theirs as they confront you, they sense that you are intimidated and move in for the kill.

·Play by their rules and you lose.  Change the rules and you just may succeed in dealing with life’s most stressful negotiator.   Here’s how: The intimidator wants you to react.  They don’t expect you to remain calm and in control.  Remember, it’s a game for them.  And they’re good
at it.  Don’t play on their terms.

·A corollary of staying calm is to say nothing.  It is one of life’s hardest lessons, but if your response will add nothing but fuel an already out of control situation, remain calm . . . and say nothing.

·Intimidators over-generalize and speak in broad terms.  You should respond calmly and dissect these over-generalizations with questions requiring explanation.  Intimidators have difficulty explaining their statements.  Attorneys have long recognized that a detailed, logic-filled legal brief or the submission of numerous detailed motions, can throw the intimidator off balance.

·Intimidators love an audience.  Often, their antics diminish when you take them aside, out of earshot of others.

·Intimidators are at their best when there is no process to control their outlandish behavior.  Your job is to bring structure to the discussion.  Set ground rules in the beginning.  Find objective
standards or third parties to bring reason to the negotiations.   Use the legal process if appropriate.

·Of course, all of these ideas suggest that you want to negotiate with an intimidator.  If not, the best advice is to simply walk away.

Negotiation Tips: Turf Battles! from Sherman’s Executive Communicator. Subscribe for free at www.ShermanLeadership.com

·The blame game between the CIA and FBI is the classic result of two cultures that refused to “negotiate” over the sharing of information that may have prevented the September 11 terror attacks.  These government agencies protected their “turf” with a vengeance despite the calamitous potential fallout that was arguably just over the horizon.

·But before you jump on the condemnation bandwagon, ask yourself how many turf battles you find yourself facing, and how you react to these conflicts.  They may not approach an FBI vs. CIA conflagration, but the emotion you exhibit during these arguments is probably similarly
charged.

·Need proof?  Your first turf battle probably began at a very early age when your brother or sister tried to take away your favorite toy or mom told you to share your bicycle.  No doubt you resisted this encroachment on your territory.

·Modern examples are found daily in the legislative arena as interest groups propound positions and opposing interest groups battle those issues.  Jim Palmer, CEO of Benchmark Pathways and former P&G executive, called this process “duck hunting,” where ideas became “ducks” that
opposing groups shot down regardless of their merit.  Government decision-making becomes a kind of “duck shoot” that has little to do with consensus building and everything to do with protecting your piece of the pie.

·My own experience is in health care where every piece of legislative touches the turf of another “threatened” health care profession.  While sound arguments to support various positions may emerge from these debates, they all share a common thread: the desire of one or more
parties to protect their turf — to maintain control — to defend what they view as an advance on their terrain.

·So how do you negotiate turf battles?  It’s not easy.

·Begin by asking the basic question: Does the other side WANT to negotiate?  Often, the other side does not want to engage in dialogue, which is fundamental to all negotiations.  If that is the case, you have to determine if negotiation is even possible.  The courtroom or a legislative solution may be your only recourse.  (Or go to war as in the case of India and Pakistan.)

·You can often find ways to bring the other side to the negotiation table by closely examining their needs, desires, and fears.  Can you build a coalition with other allies that give a stronger perception of your power?  (When the “bad guy” in the movies takes a hostage, the police often form a “coalition” with the mother of the hostage-taker because of his need to please mom.)  Trade associations understand the power of allies in forcing recalcitrant parties to bargain.

·An influential person or group can sometimes intervene and encourage dialogue.  (It is possible that the President could have demanded changes within the FBI and CIA and appointed Directors charged with this duty.)  These individuals can also serve as mediators as we see played
out in world events.

·If you begin dialogue, consider discussing turf issues openly.  Is there a resolution that does not drastically change the dynamics of the relationship?  Can you solve the problem in a way that allows the other side to convey to constituents that the decision was in their best interests?  Such a consequence would require honest brainstorming among the parties and is very difficult to accomplish.

·Turf battles are among the most difficult negotiations because they are rarely articulated and are fought with such fierce emotions.  Perhaps, we as humans control so little.  And when that small piece of the pie is threatened, our emotions take over, producing our own personal wars and
conflicts.

Litigation Section Publishes Guidelines on Ethical Settlement Practices BY JOHN GIBEAUT (From the ABA Journal e-version)

Sorting out ethical dilemmas that arise during settlement talks can become a major operation. Resolution can mean hours of poring over conduct rules, case law, statutes, restatements and more.

The ABA Litigation Section is trying to fill a void and point lawyers in the right direction with its newly published Ethical Guidelines for Settlement Negotiations . The House of Delegates is expected to decide whether to adopt the guidelines as association policy when it convenes in August at the annual meeting in Washington, D.C.

“There was nothing out there that compiled the relevant rules that apply in a settlement context,” says project chair Edward M. Waller Jr. of Tampa, Fla. The project was initiated in 1999 by Ronald Jay Cohen, then section chair-elect, and was completed in May.

The 41 guidelines, for use in cases involving private parties, incorporate ethical principles applying to settlements gleaned mostly from ABA ethics opinions and the Model Rules of Professional Conduct, as amended by the House in February. Other significant sources include the predecessor Model Code of Professional Responsibility, still used in many states, and the Restatement of the Law, Third, The Law Governing Lawyers.

The guidelines are intended to cover settlement discussions either directly between the parties or in cases using third-party neutrals. However, while they may be helpful in mediation and nonbinding arbitration, the guidelines urge lawyers to seek other sources for answers to questions specific to those forums.

Some areas the guidelines cover involve clients’ authority over settlements, and representation of multiple clients and insured clients. Also addressed are issues that arise in lawyer-to-lawyer dealings. They include whether attorneys may lie about material facts, give up settlement cash for a favorable fee, fail to report opposing counsel’s misconduct, and use threats or extortion to gain leverage.

While practitioners still must consult conduct rules, statutes, case law and other resources for particular jurisdictions, the guidelines can clue them in on where to start by alerting them to authority already out there.

“We didn’t really attempt to draw the line, but to make practitioners aware that there are lines,” Waller says. “We’re not trying to rewrite the ethics rules, replace the ethics rules or even interpret the ethics rules.”

The guidelines do, however, point out some notable conflicts between ABA policy and other rules of law. In gray areas, the committee notes also suggest best practices and aspirational goals.

For example, the Model Rules forbid a lawyer from assisting a client in criminal or fraudulent conduct but say nothing about conduct that is merely illegal or that is in pursuit of unconscionable settlement terms. “Nonetheless,” the notes state, “as a matter of sound professional practice, a lawyer should discourage a client from pursuing such terms and should decline to pursue them on the client’s behalf.”

Among the highlights:

• 4.2.1, prohibiting settlement terms that restrict a lawyer’s right to practice. “The most obvious example of an ethically impermissible settlement provision of this nature is one that expressly prohibits a plaintiffs lawyer from subsequently representing other plaintiffs in litigation against the defendant.”

• 4.2.2, prohibiting a lawyer from placing interest in a negotiated fee ahead of the client’s interest in a favorable settlement. The notes point out the tension between the client’s and the lawyer’s interests when the client is asked to give up attorney fees for other favorable terms. They also cite split authority on whether a retainer can forbid the client from waiving the fees. As a suggested best practice, fee discussions should be postponed until agreement is reached on other terms.

• 4.3.1, prohibiting a lawyer from using settlement talks in bad faith, such as scheduling them to disrupt opposing counsel’s trial preparation. Still, settlement is an alternative and not an obligation, so it’s not bad faith for a party to refuse to negotiate or settle at all.

• 4.3.2, prohibiting a lawyer from using extortion or threats of litigation or criminal charges to win a settlement. However, not all threats are forbidden, such as one to file a lawsuit, if the lawyer has a good-faith basis for the claim.

DEFINING THE LIMITS ON MANDATORY ARBITRATION Montana Supreme Court Strikes Down Arbitration Clause; Concurrence Addresses Right to Jury Trial BY LESLIE A. GORDON (From the ABA Journal e-version)

A recent decision by the Montana Supreme Court illustrates that high courts are increasingly willing to strike down mandatory arbitration clauses in consumer cases–specifically, those industry standard arbitration provisions used for opening accounts with stockbrokers.

The June 13 holding in Kloss v. Edward D. Jones & Co . , No. 00-507, comes on the heels of two similar decisions by the West Virginia Supreme Court.

A five-judge panel of the Montana Supreme Court was unanimous in its decision to strike down the arbitration clause signed by an elderly widow. (The seven-member court usually assigns five justices on a rotating basis to panels that issue its opinions.)

But what makes Kloss unique is a concurrence that adopts a constitutional argument that has been floating around academic circles for years–that mandatory arbitration interferes with the right to a jury trial. Any waiver of that right, according to the concurrence, must be knowing, intelligent and voluntary.

The plaintiff in the case, Alice Kloss, a 95-year-old widow, sought damages caused by her stockbroker’s wrongful conduct. In response, the brokerage firm filed a motion to compel arbitration based on a provision in a form contract that Kloss signed when establishing a living trust account with the broker’s firm.

The concurrence written by Justice James C. Nelson relied on the Montana Constitution and argued that mandatory consumer arbitration agreements, such as those typically used by stockbrokers, unconstitutionally foreclose consumers’ rights of access to courts and to a jury trial.

A jury trial, Justice Nelson wrote, “is a privilege of the highest and most beneficial nature and our most important guardian both of public and private liberty.” Therefore, according to the concurrence, any contract provision, such as a mandatory arbitration clause, that openly or even subtly forfeits the right to a jury trial must be “rigorously examined” by the courts.

The opinion of the court, on the other hand, relied on a contract law principle that bars enforcement of adhesion contracts against the weaker party when the terms are not within the reasonable expectations of consumers. Four justices joined this opinion, which held the mandatory arbitration provisions did not satisfy reasonable expectations.

Kloss’ broker owed her a fiduciary duty, which included explaining the consequences of the arbitration clause, this opinion said.

But the same four justices who signed the opinion of the court also signed the concurrence based on constitutional law. A fifth wrote a separate concurrence, joined by one of the other four justices, to emphasize that the widow had signed the contract before seeing its terms.

The fact that the same four justices had signed two opinions relying on different legal principles created some confusion. A spokesman for the court explained that the constitutional issue was addressed in a concurrence rather than the opinion of the court because the parties had not completely briefed the matter.

“The fact that four justices signed on to this concurrence ought to send a message to the practicing lawyer that this is a theory that is going to be looked at in the future,” said the spokesman, who asked not to be identified.

None of the court’s opinions reached the issue of unconscionability–that is, whether the arbitration provision was so one-sided as to not provide Kloss any meaningful choice regarding the terms.

Although the court did not hold that mandatory arbitration clauses are unconscionable per se, its opinion did set forth several questions to help determine when they will be enforced. These included whether arbitrators’ fees make small claims prohibitive and whether secret arbitrations can conceal defendants’ illegal business practices .

The jury trial argument addressed in the concurrence isn’t new–some law professors have been advocating for years the Seventh Amendment jury trial argument as a way around the Federal Arbitration Act in federal employment cases. University of Missouri-Columbia professor Jean Sternlight, whose law review article on the topic was quoted by the Kloss concurrence, is nationally known as a critic of companies’ imposition of mandatory arbitration in consumer and employment contexts.

“When we first started to see mandatory arbitration clauses, courts blindly assumed that all are acceptable,” Sternlight says. “But they are now taking a more careful look, evaluating both the content of the clause and the facts of the particular situation.”

While not a binding holding, the Kloss concurrence is “a very scholarly opinion that shows the justices have been thinking about” this constitutional jury trial argument, Sternlight adds. “It will help other courts to see that issue better.”

The attorney for the defendant, Edward D. Jones & Co., did not return calls for comment.

But some lawyers think the Federal Arbitration Act will stand up to the challenge. “The Kloss case is a good example of the maxim ‘Bad facts make bad law,’ ” says Robert Dolinko, an employment lawyer with Thelen, Reid & Priest in San Francisco.

“However, the U.S. Supreme Court has upheld the constitutionality of the Federal Arbitration Act against other attacks, and it is likely to conclude that an agreement to arbitrate is a valid waiver of the right to a jury trial as long as the waiver is ‘knowing,’ ” he adds.

“While it remains to be seen how the court will determine a knowing waiver, it is not likely to create as stringent a standard as that suggested by Justice Nelson’s concurrence in Kloss ,” Dolinko says. “Whatever the supreme court decides in this regard will be readily implemented by employers in the securities industry and elsewhere.”

Online Negotiation Competition for Law Students

Along with the Center for Information Technology and Dispute Resolution of the University of Massachusetts and others, Texas Wesleyan is going to put together the second online negotiation competition for law students from around the world during ADRCyberweek at the end of February 2003. We are also going to put together a prototype online arbitration competition (students as advocates and students as arbitrators) over the late fall and winter ending in ADRCyberweek 2003. If you know law schools that might be interested in fielding teams for either or both of these online competitions please have them contact Alan Gaitenby of CITDR (gaitenby@disputes.net) or myself as soon as possible so that timely information can be provided as these competitions develop. Law students can be from any law school in the world and only need a computer, an internet browser, an internet connection, and a faculty coach. Competitions will be in English this time around though we hope in future iterations competitions may be in many languages. There will be more information on these two competitions as we go forward. Please note that depending on how it goes, space may be limited, so please contact us as early as possible. You can see this past year’s competition at the Center for Information Technology and Dispute Resolution website at www.ombuds.org look under Cyberweek2002. A description of the 2002 online negotiation competition will be published in Volume 19(4) of the Journal of International Arbitration coming out in August 2002 (If someone wants an advanced word version I would pleased to send it to them off line). Benjamin Davis, Associate Professor, Texas Wesleyan University School of Law, 1515 Commerce Street, Fort Worth, Texas 76102 Tel.:1 817 212 3915 Fax.:1 817 212 3965 E-mail:bdavis@law.txwes.edu

Job Announcements: We have no announcements for this Newscaster, but there are some announcements that become available for the meetings. Be sure to attend the meeting and check the Newscaster 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.

SUBMIT A PROPOSAL FOR ACR’S THIRD ANNUAL CONFERENCE
ACR’s Third Annual Conference: The World of Conflict Resolution: A Mosaic of Possibilities October 15-18, 2003 Orlando, Florida USA The 2003 ACR Conference Planning Committee invites proposals that address questions facing the field such as: What are the best practices in conflict resolution? What do we — as conflict resolvers — want our field to become? What are the opportunities and challenges? What are the threats? What are the creative uses and innovative practices of conflict resolution? How do youth fit into the field? The committee is also seeking proposals that address such practical issues as how one develops a successful conflict resolution practice. For more information, or to submit a proposal, go to:
http://web.archive.org/web/20030206034640/http://www.acresolution.org/acrconf.nsf/ac03sessioninput

American Bar Association Section of Dispute Resolution Calendar of Events
August 8-13, 2002 – ABA Annual Meeting
August 9-11, 2002 – Section of Dispute Resolution CLE Programs and
Meetings, Washington, DC, The Washington Hilton (202) 483-3000 CLE Programs at the Presidential CLE Center (Marriott Wardman Park) www.abanet.org/dispute

October 3-4, 2002 – National Institute on Advanced Mediation Skills
Training Miami, FL 800-285-2221 http://web.archive.org/web/20030206034640/http://www.abanet.org/cle/programs/n02mst1.html

October 10, 2002 – 2nd Annual Conference on Indian Tribes, Natural
Resources Conflicts and ADR Missoula, MT (202) 457-6155 www.pattonboggs.com

October 21-22, 2002- The Future of Commercial Arbitration New York, NY The Association of the Bar of the City of New York (212) 382-6620
December 5-6, 2002 – National Institute on Advanced Mediation Skills Training San Francisco, CA 800-285-2221 http://web.archive.org/web/20030206034640/http://www.abanet.org/cle/programs/n02mst1.html

February 5-11, 2003 – ABA Mid-Year Meeting (Section of Dispute Resolution Meetings TBA) The Renaissance Madison  (206) 583-0300 Seattle, Washington

March 20-22, 2003 – 5th Annual Dispute Resolution Spring Conference Henry B. Gonzalez Convention Center Hilton Palacio del Rio  (210) 222-1400 San Antonio, Texas www.abanet.org/dispute/SanAntonio.html

August 7-13, 2003 – ABA Annual Meeting (Section of Dispute Resolution Meetings/Programs TBA) San Francisco, California

For additional information, contact: American Bar Association Section of Dispute Resolution 740 15th St. NW, Washington, DC 20005 (202) 662-1680, Fax (202) 662-1683 dispute@abanet.org, http://web.archive.org/web/20030206034640/http://www.abanet.org/dispute

TRAINING & WORKSHOPS :

Mark your calendar for one of the region’s best conferences in 2002! Judith S. Wallerstein, PhD., is widely considered the world’s foremost authority on the impact of divorce on children and their parents, and the author of The Unexpected Legacy of Divorce: A 25 Year Landmark Study . Dr. Wallerstein will speak in Cincinnati about the conclusions from this in-depth, close-up 25-year study, which followed the lives for 131 children whose parents divorced. The conference is at the Cincinnati Cintas Center and starts at 7:30 PM on Friday, October 11, 2002, when Dr. Wallerstein will review her study findings in detail. On Saturday morning, October 12, 2002, from 9:00 AM-noon, Dr. Wallerstein will speak with a panel of experts from both the mental health and legal communities. Co-sponsored by the Cincinnati Psychoanalytic Institute, Beech Acres, and The Krug Lecture Series. For more information call (513) 961-8886.

Beech Acres Mediation Center

Basic Mediation Training for Professionals Sept. 26-27, 2002 or February 6-7, 2003 (Thursday and Friday) presented by Marie Hill, M.Ed., LPC and Lou Ann Wood, M.Ed., LPC, at Athenaeum of Ohio/Mt. St. Mary’s Seminary Pastoral Center. This program will present, in 12 hours the basic process of mediation. The style is interactive using video and role play. Early registration by September 3 or January 15 is $250. Contact Amy Applegate, 6881 Beechmont Avenue, Cincinnati OH 45230 (513) 231-6630. The Unexpected Legacy of Divorce: A 25-year Landmark Study by Judith S. Wallerstein PhD on Friday, October 11, 2002, one-hour review of the study findings and Saturday October 12, 2002 for three credit hours a panel discussion with experts from the mental health and legal communities join Dr. Wallerstein. Co-sponsored by the Cincinnati Psychiatric Society and the Krug Lecture Series. Call (513) 961-8886 or visit http://web.archive.org/web/20030206034640/http://www.cps-i.org/ . Divorce/Family Mediation Training November 13-15 and 18-19, 2002 or March 12-14 and 17-18, 2003, presented by Marie Hill, M.Ed. and John L. McElwee, J.D. This is the 40-hour Divorce/Family Mediation program with an interactive style using lectures, video, role-play and exercises. Discounted cost is $800 if by October 15 or Feb. 25. Contact Amy Applegate at the address or phone listed above.

Capital University Law School Center for Dispute Resolution

Basic Mediation and Advanced Mediation Training Information 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.

Conflict Management Services

Presenters Cheryl M. Lowry, Ph D., Robert N. Wistner, J.D., Leslie Martin, B.A., and Kenneth T. Davis, BA Contact Cheryl (614) 488-4540, Suite 126, 1500 W. Third Avenue, Columbus, OH 43212 E-mail: cms@iwaynet.net. Website: http://web.archive.org/web/20030206034640/http://www.conflictmgmt.com/ General/Basic Mediation : September 5-6, October 2-3, and November 7-8; Divorce and Family Mediation : September 19-20 & 25-27, and November 14-15 & 20-22; Mediating Divorce Finances : August 26-27; Transformative Mediation : October 15-16; Principled Negotiation : October 24-25; Mediating with Teenagers : October 11 ; Asking Strategic Questions : October 9; Identifying Issues and Interests in Mediation : October 10; Victim-Offender Mediation : October 17-18; Civil Mediation : August 30 and October 29; Marketing Professional Services : November 4; Group Facilitation : October 21.

Community Mediation Services of Central Ohio and The Columbus Bar Association present Basic Mediation Training October 1-2, or December 11-12, 2002 and the 40 hour Domestic Mediation Training October 24-25, 29-31, 2002. For more information or registration brochure, contact CMS, 80 Jefferson Avenue, Columbus OH 43215, phone (614) 228-7191 or fax (614) 228-7213

The Association for Conflict Resolution 2002 Annual Conference , Coastal Collaboration: Emerging Practices in a New Era of Conflict Resolution, August 21-24, 2002, Town and Country resort and Convention Center, San Diego California. Ohio speakers include Crevon Tarrance of the Supreme Court of Ohio; Jeanne A. Clement, Ohio State University; Sandra Kaufman, Cleveland State University; Marya Kolman, Franklin County Domestic Relations and Juvenile Court; Madeleine G. Trichel, Interfaith Center for Peace of Columbus; Chester J. Bowling, Ohio State University. Registration forms to ACR/2002, PO Box 25112, Arlington VA 22202 or questions to Paco Martinez at (703) 685-4130.

Begler Group Trainings in Unified Mediation:  Working from a Gestalt
Perspective: Ann L. Begler of the Begler Group will present a three day training in “Unified Mediation:  Working from a Gestalt Perspective “at the Gestalt Institute of Cleveland in September 2002.  The workshop will run from Thursday afternoon, September 26, through Sunday morning, September 29.  The training will teach participants how to use the gestalt cycle of experience as a framework to support mediation, how to work with resistance to avoid impasse and how the mediator’s awareness and immediate use of self can enhance opportunities for resolution.  Additional information is provided by the Gestalt Institute of Cleveland. A one-day workshop on Unified Mediation: Working from a Gestalt Perspective will be presented as part of the annual conference of the Maine Association of Mediators.  This workshop will take place on May 17, 2002 in Augusta, Maine. Additional workshops on Unified Mediation:  Working from a Gestalt Perspective are being planned for Pittsburgh and Philadelphia.

October 16-19, 2002: The Center for Dispute Settlement (CDS) presents professional mediation training entitled, Mediation for the Professional, an interactive 3-day course, focused both on the skills of the mediator and on the skills of the parties and advocates in mediation.  Led by Linda Singer and Michael Lewis, this course is designed for attorneys, managers, human resource and other professionals interesting in learning or further developing their mediation skills.  Tuition:  $895 before August 19, 2002, after August 19, 2002, $995.  Payment may be made by check, money order, Visa or MasterCard.  To register, please contact CDS at (202) 265-9572, ext 320.  For more information check our website at http://web.archive.org/web/20030206034640/http://www.cdsusa.org/ .  Location: Carnegie Endowment for International Peach, 1779 Massachusetts Avenue NW, Washington, DC.  CDS courses have been approved for CEU and CLE credits.

Mediation for the Professional October 16-19, 2002: The Center for Dispute Settlement (CDS) presents
professional mediation training entitled, Mediation for the Professional, an interactive 3-day course, focused both on the skills of the mediator and on the skills of the parties and advocates in mediation.  Led by Linda Singer and Michael Lewis, this course is designed for attorneys, managers, human resource and other professionals interesting in learning or further developing their mediation skills.  Tuition:  $895 if registered by September 15, 2001, $975 thereafter (payment may be made by check, money order, Visa or MasterCard.  To register, please contact CDS at (202) 265-9572, ext 320.  For more information check our website at http://web.archive.org/web/20030206034640/http://www.cdsusa.org/ .  Location:  Carnegie Endowment for International Peach, 1779 Massachusetts Avenue NW, Washington, DC CDS courses have been approved for CEU and CLE credits.
Web Sites of Interest:

Ohio Commission on Dispute Resolution and Conflict Management: http://web.archive.org/web/20030206034640/http://www.state.oh.us/cdr
Ohio Mediation Association: http://web.archive.org/web/20030206034640/https://www.mediateohio.org/
Ohio State Bar Association: http://web.archive.org/web/20030206034640/http://www.ohiobar.org/
The Conflict Resolution Master of Arts degree program at Antioch University/McGregor School http://web.archive.org/web/20030206034640/http://www.mcgregor.edu/
The Academy of Management, Conflict Management Division has their new newsletter on-line at http://web.archive.org/web/20030206034640/http://aom.pace.edu/cmd/newslett/newsletter2001.htm

“Addressing the Redress: A Discussion of the Status of the United State’s Postal Service’s Transformative Mediation Program” by Professor Lisa B. Bingham, Indiana University School of Public and Environmental Affairs. Cardozo On-Line Journal of Conflict Resolution, Vol. 2, 2001, http://web.archive.org/web/20030206034640/http://www.cardozo.yu.edu/ . Go to Publications, then On Line Journal, Current Volumes, Volume 2 No. 2, and Symposia and it is the first article.

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 Ohio: 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.

Ohio Mediation Association
c/o Ohio Commission on Dispute
Resolution and Conflict Management
77 South High Street, 24 th Floor
Columbus OH 43215-6108