County Mediation Matters

A Publication of the Administrative Office of the Court

Volume 11, No. 4

September 2005

I have learnt silence from the talkative, toleration from the intolerant, and kindness from the unkind; yet strange, I am ungrateful to these teachers.

- Kahlil Gibran

Mediation Clinic

Starting Friday, September 16th we will once again host the Virgin Hawkins Law School Civil Mediation Clinic. Nine mediation trainees will attend pre-trials during September, October and November as part of their county mediation training mentorship requirements. As we have for the past eight years, the program and the clinicians are depending upon the wonderful volunteer mediators of the Eighth Judicial Circuit to assist with mentorship. Janet will be circulating a sign-up sheet on which volunteers can indicate the level of participation that they are able and willing to provide.


CME Luncheon Schedule

The first CME Luncheon of the season is scheduled for September 23, 2005. The topic for discussion is “Effective Mentoring.”


On October 28, 2005, Mary O’Rourke, Esq., will present a discussion of landlord-tenant and eviction issues in mediation.

 

On November 18, 2005 our very own Bruce Delaney and Bob Cohen will lead a workshop on Advanced Caucus Strategies.


Also, please note that the new tentative date for the Holiday Appreciation Luncheon for volunteers is Tuesday, December 13th. We don’t expect to have to change the date again but reserve the right to do so.


Tips For Perfect Agreements

Never attempt to write over the top of something you’ve already written. Cross out and initial the error and start over! We recently had an inquiry about a case that was mediated two years ago. Even after looking at the original agreement, it was impossible to know for sure the actual total amount agreed to because the mediator had mistakenly written an incorrect number, then wrote the correct number right over the top of it.


Include parties’ addresses on the Results Of Mediation Form, and, if the parties are willing, include phone numbers as well.



Read over the agreement to see that it makes sense and that it provides clear direction regarding each party’s responsibilities. If the defendant is to make payments, the address where payments are to be sent should be included.


Don’t ignore or omit what will happen in the event of a default. If it doesn’t make sense to include a dollar figure in Item 2 on the Results of Mediation Form, make sure you include language in the body of the agreement that explains what will happen if a party defaults. For example, if satisfactory performance of some task is required, include a statement like, “Should disagreement arise as to whether or not the air conditioner was repaired satisfactorily, parties agree to return to court for a final hearing on the issue.”


Don’t cram a three page agreement into the six lines provided on page one of the Results Of Mediation Form. Blank, lined pages are provided in the mediator files for your use. If no blank forms are available, use a sheet of paper and make copies. It’s good practice to put the case number on the top of additional pages.


Holiday Calendar

Please note the following court holidays for the remainder of 2005 and beginning of 2006.


Monday, September 5

Labor Day

Thursday, October 13

Yom Kippur (Clerk’s office will be open)

Friday, November 11

Veterans Day,

no pre-trials

Thursday and Friday, November 24-25

Thanksgiving,

no pre-trials

Friday, December 23

Court Holiday,

no pre-trials

Monday, December 26

Court Holiday

 

 

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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

 

2nd Quarter 2005

April through June


County



Cases

Mediated

 Written

Agreements

Reached

Percent

Written

Agreements

Pending Continued

Cases


Continued

Cases

Defaulted

Alachua

146

90

62%

0

2

Baker

17

13

76%

0

0

Bradford

9

8

89%

0

0

Gilchrist

0

-

-

-

-

Levy

9

6

67%

0

0

Union

2

2

100%

0

0

 

 

 

 

 

 

Total

183

119

65%

0

2

 

 

2005 Year-To-Date

January through August


County



Cases

Mediated

 Written

Agreements

Reached

Percent

Written

Agreements

Pending Continued

Cases


Continued

Cases

Defaulted

Alachua

360

225

64%

9

5

Baker

32

22

71%

1

0

Bradford

21

17

81%

0

0

Gilchrist

4

3

75%

0

0

Levy

16

9

56%

0

0

Union

9

9

100%

0

0

 

 

 

 

 

 

Total

442

285

66%

10

5

 

 

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