ACR NJ Chapter
Arthur L. Finkle, Chapter President
Phone: 215-860-3991
Fax: 215-860-3992
E-mail: afinkle221@verizon.net
Don Dileo, President-Elect
AFSCME
Phone: 609-585-0554
E-mail: zebec13@aol.com
Lisa Ciccone, Secretary
IFPTE, Local 195
Phone: 732-3900356
E-mail: lisa@local195.org
Michele Leibtag, Treasurer
CWA, Local 1034
1 Lower Ferry Road
Trenton, NJ 08618
609-530-0060
E-mail: mleibtag@cwa1034.org
DIVERSITY REPRESENTATIVES
McKinley Williams mckinley.williams@dhs.state.nj.us,
Tim Rudolph tim@local195.org COLLEGE CHAPTER REPRESENTATIVE
Timothy J. Prol timjp@excite.com
Latest Bulletin
New Jersey Announces Foreclosure Mediation Program
New Jersey state officials have announced that they will begin to roll out a statewide Judiciary program to assist homeowners in foreclosure actions. The program will provide mediators to help homeowners and lenders negotiate with one another and try to work out agreements to avoid foreclosures.
In announcing the rollout, Chief Justice Stuart Rabner said, “While the courts must remain neutral in all foreclosure matters, it is in everyone’s best interest to have a forum where homeowners facing foreclosure have the opportunity to negotiate to save their homes. Our goal is to get lenders and borrowers to meet at the table and work out a mutually beneficial arrangement. I encourage continued cooperation among the courts, lenders, borrowers, and the bar as we address the increasing number of foreclosure actions in New Jersey in today’s difficult economic times.”
Under the program, the courts will require mediation in all cases in which homeowners contest owner-occupied foreclosure actions. Volunteer mediators will meet with eligible homeowners and their lenders in an effort to resolve the foreclosure action and renegotiate the terms of mortgage agreements.
In mid-October, the Colorado Supreme Court issued an opinion that addresses confidentiality and enforceability of mediated agreements under the Colorado Dispute Resolution Act (CDRA). In Yaekle v. Andrews; Chotvacs v. Lish, the court considers the enforceability of agreements that may have been made during or after mediation, but are not part of a written and signed agreement.
The court found that a provision in the CDRA (Colo. Rev. Stat. § 13-22-308) that allows parties to seek court enforcement of signed agreements made in mediation is not exclusive. Parties also have the right to seek enforcement of agreements made in relation to mediation through the common law of contracts.
The decision includes language that appears to uphold the CDRA’s confidentiality provisions. The court wrote:
In sum, section 307 of the Dispute Resolution Act protects as confidential those communications made in the presence or at the behest of the mediator, and so may hinder the efficacy of common law contract principles in some circumstances. It does not, however, abrogate those principles entirely. We understand section 307 as protecting the mediation process by its imposition of confidentiality. By protecting mediation communications as confidential, section 307 encourages open and productive negotiation during mediation.
Based on this language, the court concluded (in the Chotvacs case) that unsigned mediator’s notes could not be admitted as evidence to show that the parties had reached a settlement agreement in mediation. The court also found (in the Yaekle case) that correspondence between the parties’ counsel following mediation and counsel’s representations in open court following the mediation were admissible to show that the parties did enter a post-mediation settlement, and to enforce that settlement agreement.
The full decision can be found at:
ACR Professional Liability Insurance Program
ACR is proud to introduce our new program covering Professional Liability Insurance for our members. Over the last year we have carefully reviewed the needs of Arbitrators and Mediators and have developed a policy along with Pinkham Agency Inc., a policy which broadens the coverage available while still maintaining competitive pricing.
Pinkham Agency Inc. will be our insurance representative for this program. They have been in business over 50 years serving individuals and various groups. They will coordinate the underwriting, claims assistance and responses to any questions you may have.
Highlights of the professional liability insurance policy:
- A countrywide competitive rate for both Arbitrators and Mediators
- Broad definition of named insured
- Various limits available with deductibles ranging from $0 to $5,000.
- Claims offices located regionally across the country.
- Retroactive acts are automatically included for all insureds who have been covered by previous insurance
- Worldwide coverage is available
- Unauthorized Practice of law (UPL) is automatically included with a sub limit
- Defense costs are in addition to the limits of liability for claims.
- Both individuals and multiple person practices can be covered
- Coverage for part-time legal practice can be included in the professional liability for an additional charge
Here are links to the application form to request a quote for Professional Liability coverage and a renewal supplement:
Please return this application form to Pinkham Agency Inc. at (516) 827-4280. Questions? Contact Marc Berg at (877) 402-7945 or email info@pinkhamagency.com.
ACR Statement on School Violence
ACR recently released a statement on school violence acknowledging the role that educators, conflict resolvers, and other professionals and volunteers in our communities and educational settings have in increasing understanding and reducing prejudice that is often central to conflicts.
The statement:
The recent tragedy in Kauhajoki, Finland at Kauhajoki School of Hospitality, as at Northern Illinois University, Virginia Polytechnic Institute and State University, West Nickel Mines Amish School, Red Lake Senior High School, and, sadly, a number of other schools, colleges, and universities in the past, are stark reminders of the prevalence and impact of violence in our communities. They are urgent calls for us each to do more to prevent, reduce and resolve conflicts which lead to violence, and to help support and restore communities and individuals devastated by violence. We must also examine the conditions which make it possible for such violence to be so frequently perpetrated, especially on our young and vulnerable.
Conflict resolvers, educators, and other professionals and volunteers in our communities and educational settings play key roles in increasing understanding and reducing prejudice — by gender, race, ethnicity, sexual orientation, political views, and other social groupings —which so often are central to conflicts. Enhancing a community’s skills in conflict resolution and dialogue has been proven to reduce isolation and stress, which are important factors that contribute to suicide and homicide. There are times, of course, when, despite every attempt to provide safe conditions and a supportive environment, tragedies ensue. Even then, those trained in listening and dialogue skills can help members of a bereaved and angry community discuss their experiences constructively.
The Association for Conflict Resolution offers its sincerest condolences and wishes of healing to all who were injured and who lost friends and family in recent as well as past school violence. Our thoughts are with you as you move toward recovery and as we all work to prevent future violence.
ACR and the Asociación para la Resolución de Conflictos Connect
ACR and the Asociación para la Resolución de Conflictos (ARCO) recently established a cooperative relationship. ARCO is a relatively new organization located in Mexico. The two organizations will work together to promote conflict resolution, to share news about each other’s programs, and to exchange other information. ARCO also has expressed an interest in becoming an International Affiliate Organization of ACR.
Call for workshop proposals:
Peace & Religion
6th Annual Peace Conference at Kennesaw State University
March 27th, 2009
Kennesaw, Georgia (near Atlanta)
This conference will feature workshops on Peace and Religion led by experts from across the U.S. and the globe. Workshops may include a brief presentation, however the majority of time must be spent on active and/or interactive learning. Each workshop will be 1 hour and
15 minutes in length. This will be a great opportunity to network, learn, and teach on the topic of peace and religion.
To submit a workshop proposal, please send an abstract and one page presenter bio to Dr. Susan Raines at: sraines@kennesaw.edu. Deadline: December 15th, 2008.
Learn more about KSU…
Kennesaw State University (KSU), the third-largest university in the University System of Georgia, is a comprehensive university with expanding undergraduate and graduate programs in Kennesaw, Georgia, one of metropolitan Atlanta’s burgeoning northwest suburban communities. It houses a Master’s of Science program in Conflict Management, an Alternative Dispute Resolution certificate program, and an undergraduate minor in Peace Studies.
Paper option: Those wishing to submit a paper related to their workshop may do so at the time of the conference. Papers will be considered for publication in Conflict Resolution Quarterly. Submission guidelines may be found here: http://www.acrnet.org/publications/crq.htm
Designed specifically for use by family mediators, this brochure gives readers the basic facts about mediation and its benefits and briefly describes some of the different approaches to mediation.
Additionally, the brochure provides answers to difficult questions, including:
- Does mediation work for separating couples?
- What if there is a decision to divorce?
- Can mediation help divorced parents face changing circumstances?
The “What is Mediation?” brochure will prove useful to any entrepreneurial mediator interested in growing his or her client base.
Costs
Family Section member: $25 plus S & H per pack of 50
Non-FS members: $35 plus S & H per pack of 50
“Making Family Mediation Referrals” Brochure
If you are looking to increase your referrals from attorneys, therapists, teachers and physicians, consider the “Making Family Mediation Referrals” brochure.
This pamphlet explains the differences between mediation and therapy, debunks the myth that mediation is the same as practicing law, and lists numerous reasons for a variety of professionals to utilize the services of family mediators.
The “Making Family Mediation Referrals” brochure provides clear and concise information that will prove indispensable to any mediator looking to grow his or her referral network.
Costs
Family Section member: $25 plus S & H per pack of 50
Non-FS members: $35 plus S & H per pack of 50
Brochures can be customized.
Family Mediation Brochures: “What is Mediation?”
ACR MEMBERS: Members Only Benefits
Colorado Supreme Court Issues Opinion Regarding Confidentiality and Enforceability of Mediated Agreements
ADR Professionals Listing
| Name |
Address |
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Phone # |
E-mail |
|
|
|
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|
814 Park Ave |
Elizabeth, NJ 07208 |
|
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| Farrell, Thomas N. |
4 Morningside Dr |
Trenton, NJ 8618 |
609-984-2337 |
thomas.farrell@judiciary.state.nj.us |
| Finkle, Arthur |
209 Shady Brook Dr, |
Langhorne, PA 19047 |
609-292-9896 |
afinkle221@comcast.net |
|
| Williams, McKinley |
222 S. Warren St |
Trenton, NJ 08625 |
609-292-9267 |
mckinley.williams@dhs.state.nj.us, |
