August Mediation News from Thomas P. Valenti, P.C.

Thomas Valenti, P.C.

August 2009

August Mediation News
From Thomas Valenti, P.C.

What is Mediation?

Mediation is a process in which a neutral and impartial third party (the mediator) facilitates communication between negotiating parties which may enable them to reach an agreement. Mediation is an efficient and cost effective method for the resolution of both simple and complex cases.

"Anger is one letter short of danger, and the greatest remedy for anger is delay."

- Source Unknown

New Jersey Supreme Court Rules Parents May Arbitrate Child Custody Disputes

The New Jersey Supreme Court ruled that parents have the right to arbitrate child custody disputes. In Fawzy v. Fawzy, the appellate court had overturned an arbitration award involving custody and parenting time on the basis that custody issues cannot be submitted to binding arbitration. The Supreme Court affirmed the appellate court decision, but on other grounds. The court held that parents have the right to "choose the forum in which to resolve their disputes, including arbitration," but that the award should still be overturned because the agreement to arbitrate did not meet certain requirements. In order for the agreement to be binding, the court ruled, it must be in writing and must establish that the parties waive their right to judicial determination.

In this case, neither of those conditions was met. The court also set certain requirements for arbitration hearings involving child custody issues in order to safeguard the interests of the child. For example, to ensure that there is a record on which to evaluate claims that an award threatens harm to a child, all arbitration proceedings must be recorded and all documentary evidence must be kept on record.

''I lose my temper, but it's all over in a minute,'' said the student. ''So is the hydrogen bomb,'' I replied. ''But think of the damage it produces!"

- George Sweeting

New Hampshire Laws Expand Court ADR Services

Three New Hampshire laws passed in June and July expand existing court ADR programs and add new ones:

HB281 increases the jurisdictional amount of small claims cases to $7,500, and mandates mediation for all small claims cases between $5,000 and $7,500. Mediation is voluntary for cases below $5,000. To fund the program, the act adds a filing fee of $5 for small claims cases below $5,000, and $60 for cases between $5,000 and $7,500.

SB106 establishes a mediation program for civil writs at the district court level. In the New Hampshire court system, civil writs are civil cases valued between $7,500 and $25,000. Mediation will be voluntary, and the program will be funded by a new $10 filing fee for civil writs.

SB70 authorizes the Judicial Branch's Office of Mediation and Arbitration to create pre-suit alternative dispute resolution services. Karen Borgstrom, the director of the Office of Mediation and Arbitration, said the act will allow the office to create programs where they are needed. For example, she said, the office is working on creating pre-suit mediation programs for the state's business court and for foreclosure cases.

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"The worst tempered people I have ever met were those who knew that they were wrong."

- Wilson Mizner

From Our Blog...

Adapting to Current Times - Becoming Our Own "Change Agent"

Habitat for Humanity a well known and highly effective charity has started a pilot program in Charlotte. They are buying foreclosure properties. Theystarted with 12, but have plans for many more, given the success of their trial program. Volunteers are still used. They spend some time and money to do a fix-up, depending upon the condition of the home. The turn around time is much quicker. They adapted to the current times, and saw an opportunity to change its "model," although not drastically. Habitat for Humanity is getting get real people real help, one-home at a time.

Sometimes we get stuck in our particular life situation - a business that is faltering; a dead-end job; a failing relationship; or a seemingly intractable conflict.

So, the lesson of Habitat for Humanity for all of us is that flexibility and opportunity is sometimes staring us in the face. Small changes in our methods, not necessarily our mission, can result in great success.

A simple re-tooling can often make great changes in the way we llok at problems and consequently solve them. We are all prone to "toughing it out" and fighting are way through the current problem. Sometimes small changes produce great results, if we let them.

We must look at our existing business plans, jobs, relationships, and conflicts. we must accept responsibility for our own role in their current status. We must recognize our ability to act as a "change agent" to produce a better business, job, relationship, conflict resolution. Do not fear change. Cause it.

"Risk more than others think is safe. Care more than others think is wise. Dream more than others think is practical. Expect more than others think is possible." - Claude T. Bissell

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