County Mediation Matters |
|
A Publication of the Administrative Office of the Court |
Volume 11, No. 5 December 2005 |
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!
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 |
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.