Newsletter

President’s Message
By Gene Roberts
What tools do you have?

        Our year is off to a great start.  In January, we heard from a collaborative law team and the benefits that collaborative law is achieving, particularly in the family law arena.  In March, we met with our colleagues at the Conflict Resolution Network where a specialist in high-tension negotiations from the Plano Police Department discussed his job.  The police officer talked about the tools he had available to help resolve situations that may involve hostages, suicide threats, and similar circumstances.  These tools include:

• Special cell phones so that the negotiator can communicate with the person;
• A team of negotiators who can listen and perform investigative tasks;
• The use of the media;
• Parents and other loved ones who may be able to communicate with the person;
• Helicopters;
• Smoke grenades;
• Tear gas; and
• Tactical teams (i.e. SWAT).

        I left the meeting impressed with all of the tools that the police negotiator had at his disposal to bring a conflict to an end.  The tools were all persuasive in their own way and they ranged from ones that help to increase communication to more coercive methods.
Growing up, my dad was always impressed with folks who had the right tool to fix things.  He always said that the "right tool makes the job easier to fix."
What tools do we have—do you have—as professional neutrals to help parties come to a resolution?  What tools do you use to help the people who are looking to you to help them resolve their conflict?
As professional neutrals we are taught that self-determination is a critical component of mediating a case.  That is, the parties need to reach a resolution that is of their own free will without being coerced into an agreement.  But we also know mediators who can and do use heavy-handed techniques to guide the parties to a resolution.  Some mediators use evaluative methods.  Some keep the parties well into the night so that they are tired and are more willing to get the deal finalized.
While professional neutrals in the civil and family areas don't have the use of helicopters, tactical teams, and tear gas to force a resolution, I encourage you to examine the tools that you have available to see if they need to be upgraded or sharpened.  Or, maybe you need to find another tool that is useful for the job.  I suggest that ACR-Dallas is a terrific place for you to pick up new tools and to hone your old ones so that you can have the right tool for the next conflict that will come in your door.
I'm looking forward to seeing you on April 27, where we will have a panel discussion on workplace conflict, and then on May 27, where our speaker will provide us with concrete ways to settle cases.                                                                                                                                       Peace, Gene Roberts.

New DRS Committee Gives DMS Three More Months
After a plea by Duane Gallup that something be done about the $700 per mediation cost to the county at Dispute Mediation Service (DMS), Dallas County Commissioners on January 19 established a new committee. At its first meeting, March 11, the committee extended DMS’s contract three months, to give the committee time to decide a permanent solution.
                The Commissioners specified that the committee members be comprised of five judges, the County ADR Coordinator, the DMS Executive Director, Director of the Office of Budget Evaluation, Chair of the Dallas Bar Association’s ADR Section, an experienced mediator who is a member of the Texas Bar, a member of the Texas Bar that is not a mediator, and three at large or “public” members.
The following were named members of the Dispute Resolution System (DRS):Judges, Hon. Martin Lowy, Hon. Marilea Lewis, Hon. D’Metria Benson, Hon. Michael Miller, and Hon. Michael Petty;

Adam McGough Teaching at El Centro
Following Glenn Courier’s retirement, B. Adam McGough is now teaching in the mediation training program at El Centro College. Courier continues to teach part time.
El Centro offers basic and advanced family mediation training at a fraction of the cost of other providers.
McGough is Assistant City Attorney and has been serving the community through creative dispute resolution since 2005. His training includes:

LL.M. in Dispute Resolution, ConcentratioMediation .
Dedman Law School, Southern Methodist University JD.
Oxford University, University College, Comparative Law Training.
University of San Francisco Law School, Intensive Advocacy Training.
University of Texas at Austin, B.A. Economics.

Mediators Rarely Used in Collaborative Law
ACR Dallas’ January 26 meeting was on Collaborative Law and the Role of the Professional Neutral.  During the panel discussion someone asked how often mediators are involved in Collaborative Law cases. The answer was “rarely to never.”     
The Panel included:
Scott Clarke, a certified financial planner and divorce financial analyst.  He has participated in over 200 collaborative law cases and is a nationally recognized trainer.  Scott serves on the Collaborative Law Institute of Texas Board of Trustees. 
Vicki M. James, a licensed professional counselor and a licensed marriage and family therapist.  She has provided marriage and family counseling in her private practice for twenty years as well as being a collaborative law coach and author. 
Melinda Eitzen,  a partner in the McClure Duffee & Eitzen, LLP law firm.  She serves as the chair of the Collaborative Law Alliance of Collin County and is a frequent speaker and author on the subject.  She has been recognized as a “Super Lawyer.” 
The three are members of a collaborative team and co-authors of the book, Divorce the Collaborative Way. Is It The Way For You?
ACR Dallas meets the fourth Tuesday of each month except June, July and August, at 5:30 pm at the Center for Community Cooperation, 2900 Live Oak, Dallas, Texas 75204. 
Settlement Week April 19-23
Dallas County needs volunteer mediators for its settlement week, April 19-23, 2010.  Volunteering for this project is an excellent way for you to give to the community and to obtain additional mediation exposure.
If you are interested in volunteering, please contact Duane Gallup, Dallas County ADR Coordinator, at either 214 653 7898 or duane.gallup@dallascounty.org.  Let Duane know the number of cases you are willing to mediate and your preferred mediation location (your office or the courthouse).
Make sure to mention to Duane that you are part of ACR-Dallas.  And give a big “thanks” to Ken Burdin for suggesting this important role for ACR-Dallas. ---Gene Roberts,
ACR-Dallas President.
Sheikha Settles a Big One in Germany
            Sheikha Susie Hobeiche recently returned from a mediation in Frankfurt, Germany, with accolades from the parties.
Kay Wissenbach, general manager of GK Airfreight in Frankfurt said, “On behalf of G.K. Airfreight Service Gradlyn Kennels GmbH, we wish to extend wholeheartedly our sincere gratitude to you for providing us with your outstanding professionalism, creativity and farfetched options that lead to positive resolutions enduring a most desperate time restrained conflict on March 10, 2010 at 10:30 PM.
“Even though you had just arrived from Dallas/London to Frankfurt near midnight. Your quick evaluation and your bold willingness to take matters head on when least expected was more than impressive as the outcome of resolution to this dispute speaks for it self. You brought closure for all parties during a time when it appeared impossible and hopeless.”
Sheikha said the conflict at first appeared to be a piece of cake, but it turned out to be twists and shouts, and lasted a full day. The mediation lasted so long the Americans missed their plane back home. It was late in the evening, but it did settle, Sheikha said.

 Florida Mediators Can’t Call Themselves “Judge” in Ads
The Florida Supreme Court said that former judges cannot call themselves “Judge” in their mediation advertising, nor should they appear in judicial robes in ads for mediation services. Former judges are allowed to mention their experience in biographical sketches.

Spanish Speaking Population Growing
         

   People who speak Spanish now comprise about 40 per cent of the population of the Dallas-Fort Worth area and is a growing market that mediators need to tap, according to Irene Zucker, executive development consultant, mediator, and teacher of Spanish.
“Forward-thinking business folks know this and are creating a competitive advantage as we speak,” Irene said.
Areas and the percentage of Latinos are: Dallas, 43; Irving 42; Balch Springs 41; Grand Prairie 40; Farmers Branch 49; Dallas, 43; Irving, 42; Garland, 37; and Fort Worth 33 per cent.
Anne Marie Weiss-Armush of the DFW International Community Alliance released the demographic figures, including the following:

• In 32% of our region's homes English is not the language spoken.
• 226 languages are used in the North Texas area and that more than

                Alternative Dispute Resolution (ADR) legislation has been introduced in the Russian Parliament. The bill contains “complex and detailed legal mechanism for mediation, as well as various amendments and additions to civil law, civil procedural law and arbitration procedural law, according to a March 22 report by Sergey Yuryev. The new law would take effect on January 1, 2011.
Confidentiality requirements are about the same as in Texas, as well as a prohibition for the mediator to give legal advice.

Settlement Week April 19
The next Settlement Week will be the week of April 19, 2010, it was announced by Duane Gallup, Dallas County ADR Coordinator.
Settlement Week is to clear up a backlog of old civil cases by sending them to mediation conducted by volunteer mediators. Gallup plans to have four Settlement Weeks each year.
The main problem he has had with Settlement Week cases is a lack of contact information for pro se defendants. He said he would not assign such cases this time, but would assign only those with good contact information.
Doing Settlement Week cases has many benefits for the mediator. It provides a means to mediate a case for a judge for the first time. It gives an opportunity to work with certain attorneys, often for the first time. It fulfills the professional mediator’s responsibility to do pro bono cases. It does a public service, benefitting the community, the courts, and the county. It further demonstrates the value of mediation. 
For more information contact Duane Gallup, Dallas County ADR Coordinator, 600 Commerce Street, 6th Floor, Dallas, Texas 75202, 214-653-7898, dgallup@dallascounty.org.

Sandra Bullock’s Divorce to be Mediated

                The Huffington Post, online newspaper, on March 21 reported that Sandra Bullock, whom the writer called “America’s Sweetheart,” and her husband, Jesse James, would avoid a media circus by having a mediator to help them work out an agreed settlement.
Howard Stern and his wife, Allison, quietly got their divorce the same way.
Sandra Bullock had a prenuptial agreement. California law allows spousal support from the one who makes the most money for a period up to half the length of the marriage, the Post article said.

Attorney Blasts the ‘Divorce War’ – Praises Mediation
End The “divorce War.” Stop the needless posturing end out of control legal fees, divorce with dignity,” says David Slepkow who has written many Rhode Island Divorce Laws, RI Child Support, Family Law, Restraining Order and RI Child Custody Law Articles. It was reported on a Love Engineer website.

Mediation Relaxes
Science Daily says “Electrical brain waves suggest that mental activity during meditation is wakeful and relaxed.” (Sciencedaily.com)

75% Satisfied With Mediated Divorce
Seventy-five percent of couples who divorce through mediation are "extremely satisfied" with the process as compared to only 40 percent of couples who indicate satisfaction with the courtroom process. ---Law Firm of Mysti Murphy, www.murphyattorney.com.

Mediation to Reduce Number of Police Calls
According to an Associated Press report broadcast on KCBS Radio in San Francisco, Police Chief George Gascon is promoting mediation for neighborhood squabbles rather than the disputants calling the police. Mediators are provided by the nonprofit Community Boards of San Francisco.

Wyoming College Looking for Mediator
Northwest College in Powell, Wyoming, has budgeted funds to hire a mediator. The mediator must have a background in higher education with no ties to Northwestern.  A mediator is needed to help administrators, faculty, staff and students get past their problems, according to a report in the March 18, 2010, Powell Tribune. “Problems cited included lack of communication and civility, not following college procedures, lack of trust and fear of retribution,” the article said.
The Powell Tribune took a poll to see if there was public support for hiring a mediator. The results for the first three days, in which 30 people responded, were 60 per cent opposed, 26.7 per cent in favor, and 13.3 per cent who didn’t care one way or the other.
Contact information: Northwest College, 231 West 6th Street, Powell, WY 82435,
(307) 754-6000, www.northwestcollege.edu.

Mediated Settlement Challenged
A Florida court ordered mediated settlement that allowed parents of a murdered father to visit their three-year-old granddaughter has been challenged with a new lawsuit by the child’s mother who had agreed to the settlement in mediation.
Six days after the settlement, she apparently changed her mind, hired a new lawyer, and filed three lawsuits. For the full story in the Jacksonville Journal Courier, http://www.myjournalcourier.com/news/visitation-25938-watkins-child.html

Ohio Sheriff Says Mediation Cheapest Way
Sheriff Steve Sheldon threatened a lawsuit against commissioners over his budget and then decided mediation was the cheapest way, the Mansfield (Ohio) News Journal reported. Then Sheldon’s lawyer apparently talked him out of it and resumed negotiations without a mediator.

TV Show to Feature Female Mediator
The ABC Network’s show, Kate, centers on top litigator Kate Reed (Shahi) who decides to become a mediator after getting fed up with the bureaucracy and injustices of the legal system according to a March 15 report in SeattlePi TV Guide.

Mediation in the lotus position?
A New Jersey advertisement said “People of all faiths and beliefs are invited to walk in personal prayer, mediation, peace and healing.”
Who said that?
“Don’t hang the meat so high the dog won’t jump.” I had not heard that until the TAM Convention last February in Austin. Many metaphors and idioms have application in mediation. An old saying with similar message is, “Hang the goose high.” Clichés, “Don’t put all your eggs in one basket,” and “Don’t count your chickens before they hatch,” and “Don’t give away the farm,” also apply as good advice when going into mediation. Then if no settlement is reached, “Sour grapes,” or “His goose is cooked,” might be appropriate.---Joe Hewitt.

Georgia Magistrate Appoints Mediator
The Times Herald of Coweta County, Georgia, reported that Magistrate Judge Joseph Wyant wanted the huge backlog of cases “resolved in a more civil and satisfactory manner through the process of mediation.” He appointed local attorney Tom Guzzo to mediate the cases.
Avoid Ultimatums and Deadlines
New York Divorce mediation attorneys at YS Mediation Center in New York offer a tip for settling a divorce through mediation without unnecessary added pressure. The mediator should avoid ultimatums and deadlines. Using them may stop the negotiation process.

At right, Joe Hewitt and Gene Roberts at the Texas Association of Mediators (TAM) Convention.

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