County Mediation Matters

A Publication of the Administrative Office of the Court

Volume 11, No. 5

December 2005


A civilization flourishes when people plant trees under which they will never sit.


-Greek Proverb

Another Successful Clinic

Thank you once again to all of you who helped to make this fall’s mediation clinic yet another success. All of the students completed the observations and co-mediations required for certification and each of them was very complimentary of the assistance provided by the volunteers. Your contributions were invaluable!

 

Travel Reimbursements

By order of the Office of the State Court Administrator, all requests for travel reimbursement must be received for payment processing within 60 days of the date of travel. Volunteers’ requests for reimbursement will be placed in the mailboxes located on the back wall in Janet’s office. Please get in the habit of checking your mailbox every time you come to court to mediate - whether you expect to find anything or not. Occasionally, when we know that a mediator will not be in the office for a long time, reimbursements will be mailed for signature. This, however, is the exception and not the rule.


CME Luncheon Schedule

The CME Luncheon schedule for January through May 2006 is as follows:

Date

Guest and Topic

January 20, 2006

Kathy Smaha, Esq.

“A Review of Collections Law”

February 24, 2006

To Be Announced

March 24, 2006

Alison Gerencser, Esq. and students from the Spring Mediation Clinic

“The Six Thinking Hats

April 21, 2006

To Be Announced

May 26, 2006

Jeffrey Weisberg

“Non-Violent Communication: The Language of Life


Topic suggestions for the February and April luncheons would be greatly appreciated. Would anyone like to volunteer to do a program?



Resist Temptation!

Don’t risk a grievance against you by falling victim to either of these bad habits!


- Skipping the opening statement because “they’ve heard it all before.” The mediator must, at a minimum, explain confidentiality, the mediator’s role as an impartial facilitator, and mediation as a consensual process before each mediation session (Rule 10.420, Florida Rules For Certified And Court-Appointed Mediators). It’s certainly permissible to tailor the opening to the experience of the parties, but you cannot skip the opening completely. For example, you might begin a mediation with two parties very familiar with the process by saying, “I know you’ve both done this many times before, but I just need to remind you that ...” and list the three required elements.


- Giving advice or telling parties what to do because, based on past experience, you “already know the terms the other side will agree to.” As tempting as it may be to short-circuit the process when dealing with repeat players, it is a violation of the ethical rules governing self-determination by the parties (Rule 10.310); mediator impartiality (Rule 10.330(a)); offering of advice and opinions (Rule 10.370); and even confidentiality (Rule 10.360) if you are using information gained from other mediations.

 

Calendar

Please note the following court holidays and dates where no pre-trials are scheduled.


Friday, December 23

Court Holiday, no pre-trials

Monday, December 26

Court Holiday

Monday, January 2

Court Holiday

Friday, January 6

No Pre-Trials

Monday, January 16

Court Holiday

Friday, February 3

No Pre-Trials


Note: There is pre-trial scheduled on December 30th!

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   How to reach us:


Robin Davis, ADR Director

Phone: 352-491-4417

Fax: 352-381-0109

E-Mail: rkd@circuit8.org

Janet Hearn, Mediation Services Coordinator

Phone: 352-491-4645                              

Fax: 352-381-0109

E-Mail: jkh@circuit8.org   

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If you are a person with a disability who needs any accommodation in order to participate in county mediation proceedings you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Court Administrator’s Office by phone at (352) 337-6237 or in person or in writing at 201 E. University Ave, Gainesville FL 32601 within 2 working days of your receipt of this newsletter; if you are hearing impaired, call (800) 955-8771; if you are voice impaired, call (800) 955-8770.




Eighth Judicial Circuit County Mediation Program Results

 

3rd Quarter 2005

July through September


County



Cases

Mediated

 Written

Agreements

Reached

Percent

Written

Agreements

Pending Continued

Cases


Continued

Cases

Defaulted

Alachua

147

94

67%

7

3

Baker

11

11

100%

0

0

Bradford

9

7

78%

0

0

Gilchrist

3

3

-

0

0

Levy

6

5

83%

0

0

Union

3

3

100%

0

0

 

 

 

 

 

 

Total

179

123

72%

7

3

 

 

2005 Year-To-Date

January through November


County



Cases

Mediated

 Written

Agreements

Reached

Percent

Written

Agreements

Pending Continued

Cases


Continued

Cases

Defaulted

Alachua

478

306

66%

11

6

Baker

43

32

74%

0

0

Bradford

30

25

83%

0

0

Gilchrist

8

5

63%

0

0

Levy

26

15

58%

0

0

Union

11

11

100%

0

0

 

 

 

 

 

 

Total

596

394

67%

11

6

 

 

Note: The percentage of written agreements does not include pending continued cases.