TAPM Quarterly Lunch and Learn

One Hour CLE/CME Program

Thursday, September 25, 2008

11:30 am - 1:00 pm 

Join us
to Meet and Greet
Lunch and Learn

TAPM is pleased to present

Chris Guthrie, Vanderbilt Law Professor

to discuss

" Negotiations at the Mediation Table -

What’s Really Going On? " 

Approved  CLE  - 1 Hour General

Approved CME – 1 Hour Family Law

Professor Chris Guthrie is presently on sabbatical from Vandy Law School during 2008-2009.  A leading behavioral law and economics and dispute resolution scholar, Chris Guthrie has frequently been recognized for his research and teaching. Among other awards, he has received two CPR Institute for Dispute Resolution Professional Article Prizes; the 2003-2004 Outstanding First-Year Course Professor Award at Northwestern; and multiple teaching and research prizes at the University of Missouri, where he began his academic career. Professor Guthrie, who has served as a Visiting Professor at Washington University and Northwestern, has spent half his academic career as Associate Dean. At Vanderbilt, he served as Associate Dean for Academic Affairs from 2004 to 2008. Before entering the legal academy, Professor Guthrie practiced law with Fenwick & West in Palo Alto, California. He has written two books as well as  numerous book chapters and articles. 

HARPERS RESTAURANT
(Directions Below)
 11:30 until 1:00 p.m.
The program starts at 12:00 Noon. 

$15.00 for TAPM
$20.00 for Non-TAPM MEMBERS
cash or check payable to TAPM
Visa/Mastercard now Accepted! 

Register and PrePay here:

DIRECTIONS TO:
HARPERS RESTAURANT
2610 JEFFERSON ST.
NASHVILLE, TN   37208
329-1909

FROM THE  I-40 INTERSTATE:
I-40 East Toward Nashville
Take the Jefferson Street Exit - Exit 207
Turn Left onto Jefferson St.

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June 2008 Quarterly Meeting Review:

“Hot Family Law Cases” and Legislation

By Regina B. Newson

TAPM held its second quarterly meeting of the year on June 26, 2008, and the meeting was well-attended.   The presenters were excellent – Steve Cobb, an attorney and a former legislator, and Helen Rogers, an attorney and practicing mediator.  

Steve Cobb started off with a brief summary of legislation that is relevant to family attorneys and mediators which was passed during the 2008 legislative session.  Some areas of interest: Public Chapter 793 (No permanent change in custody because of military service); Public Chapter 994 (New reason to avoid mediation – Judge may choose not to order mediation); Public Chapter 868 (Child Support continues beyond age 18 for disabled children especially in situations where the parents are financially able to contribute to the care of the child); and Public Chapter 1040 (Provides that children 17 in foster care be told which services are available to them when they leave foster care).  

Steve told us that the most important part of this legislative session were the bills that did not pass, notably that certain legislators were trying to put fault back into division of property and the DADS group was attempting to once again have equal physical custody be the presumption.  Likely these bills will come back next year for further consideration.

To read these bills, go to http://tennessee.gov/sos/acts/index.htm   Scroll down to Public Acts.  Insert Chapter Number, {must be 4 numerals, so add 0 at beginning if less than 4 numbers], put Chapter in the search field.  At bottom of page, click on Chap Number for full final statute.  Click on SB or HB for history of the bill.  This is a good way to follow legislation during the session.  Usually you follow legislation with a SB or HB number or put in description of the bill.

Helen Rogers gave an excellent summary of new cases that have come before the Court in the last year.  Her materials can be found on our website at the following link:
http://www.tennmediators.org/pg25.cfm.  
(The page numbers next to the italicized cases below refer to those materials.) 

She began her presentation discussing alimony and the changing landscape of that area.  In Stacy Davis v. Robert Davis, (P. 3), the Wife had to pay the Husband $800 per month for 36 months plus attorneys fees.

In Bertuca v. Bertuca (p. 5) the Court of Appeals overturned a trial court decision on the valuation of businesses and the division of those business.  In Keyt v. Keyt (p. 6) the Supreme Court chopped away at the notion that substantial contribution of the owning spouse may be given closer scrutiny than previously, before the court even gets to the contribution to appreciation of the non-owning spouse.

In a case where the father had been voluntarily paying higher child support and private school tuition, the court required him to pay the higher support but not the full private school tuition, as they did not have the financial capacity to pay.  Billingsley v. Travis (P. 8)

The case of In re: Adoption of F.M.B.P.W.(P.9)   reminded us that in a case where there is no personal service, there must be due diligence to find the defendant, particularly when his rights are being terminated.  Otherwise the Court of Appeals will send the case back and the parties must start over. 

Sampsel v. Sampsel (P. 14) gave out the worst parent of the year award to the mother in a case, where the child did not get along with the stepfather and consequently the child’s grades dropped, behavior problems were very acute, child accused of stealing, etc.  Consequently custody was changed to father.

The new grandparent visitation law was challenged in the case of Carr. V. McMillan (P. 18). The grandparents were awarded 78 days based upon the six criteria in the statute, primaily because the child had lived in the grandparents home and mother had died. 

Ms. Rogers also covered areas in Civil Procedures such as personal service, spoliation, pleadings, court misconduct, sanctions to attorneys and local rules.  It is impossible to cover all the topics in the newsletter, so you should take advantage of the our website for summaries of the important family law cases in 2007-2008..

The new laws that Steve Cobb presented and the cases that Helen Rogers presented made this one of TAPM best informational meeting that I have attended for CLE.

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PRESIDENT'S MESSAGE

By Randal Mashburn, TAPM President

The TAPM Board is moving forward with a number of special projects this year that will enhance the value of membership in TAPM.  In addition to the normal focus on presenting low-cost and free opportunities for training, CME and peer discussions through our annual meeting, quarterly meetings and frequent peer group breakfast and lunch meetings, the Board is trying to complete several new projects before year-end. 

One exciting addition will be a Member Benefits Page that will include special discounts with various vendors and service providers available to TAPM members.  We are also exploring several new public education projects to promote the role of mediation in Tennessee.  Another project is expanding the web site to provide links to pro bono opportunities for TAPM members.

Of course, the new projects are in addition to the many existing benefits of being a TAPM member.  In that regard, I would urge all members to be sure they keep their profiles updated -- or provide the information if you have not previously done so.  In recent times, we have heard from a number of members who are getting business from parties and attorneys who have located them through our web site.  Anyone not taking full advantage of this feature is missing a real opportunity.  If help is needed in setting up a profile or in making changes, please contact Lisa Smith at 615-383-8276 or e-mail her at tapm@tennmediators.com.

WHAT IS TAPM?
WHAT IS MEDIATON?

The Tennessee Association For Professional Mediators exists to promote mediation as a valuable and effective process empowering people in resolving disputes.

Mediation is a voluntary, consensual process that uses a trained, neutral third party to facilitate the negotiation of disputes with the goal of reaching a binding settlement agreement.  Almost any case, civil or family, is amenable to mediation.  With the exception of cases where the parties are attempting to make new law or cases in which there is no precedent, the ability to tap into the creativity of multiple persons is more satisfactory to the parties involved, rather than finding one answer from a judge or jury.  It often means that in cases where it is important to preserve the relationship of the parties, such as family cases, construction cases, employment cases, that relationship is strengthened, rather than severed by a court decision.

What are the benefits of mediation?

It is a voluntary process.  Parties are free to leave at any time.

It is a confidential process.  The only public record is an order which states that the parties have settled the case.

It is usually less expensive and time consuming than a trial in court.  Most mediations range from four hours to a day.  In family cases, there may be several sessions over several days or with periods of time inbetween. 

The parties retain control of the outcome.

The parties are more satisfied with the outcome.  If the parties are able to settle, the outcome is final with no appeals, and immediate.  If the parties do not settle on the day of the mediation, the issues are narrowed and likely the case will settle before trial.

If the settlement involves money, parties are more likely to comply with an agreement, they helped forge.