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Center
for Alternative Dispute Resolution
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Community
Based Mediation
Our Community Mediation Program helps
to resolve a wide variety of disputes between neighbors, family members,
consumer and merchant and landlord and tenant, to name a few. Most
cases are referred to us by different courts after the parties have appeared
in court.
The Center has mediators on-site at Albany
City Court, Albany Police Court, Cohoes City Court, Watervliet City Court,
and most recently the Town of Colonie Justice Court. Mediators who
are present in these Courts will conduct on-site mediations with cases
that the Judge feels may be appropriate. In general, the more a Judge
becomes familiar with our mediators and the process, the more cases her
or she will refer to the Center. At all times, the process remains
voluntary, a Judge may suggest mediations, but it is ultimately up to the
parties to decide is they wish to participate.
When a settlement is reached (75% of our
Community mediated cases reach agreement) the agreement is often made part
of the Court record for that case, and the Judge may refer to it if the
parties need to return to Court on that matter. One of the great
things about mediated agreements, however, is that returning to court is
unusual. Since the parties have participated directly in forming
their own agreement, they are more likely to honor the agreement reached.
During 1998 we mediated 446 cases, and
we were able to reach agreements in 334 of these cases. Our mediators
are greatly valued by the Courts since the parties are usually satisfied
with the quality of justice received, and the cost savings to the Court
is substantial. The cost in taxpayer dollars to litigate all cases
that were successfully mediated would be prohibitive. We are very
proud of our Community Mediation Program, and look forward to its continued
growth during 1999. |
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Multi-Party
Dispute Resolution
The Center has available, a pool of highly
trained and experienced mediators, facilitators and trainers, to resolve
multi-party disputes, disputes in public sector, or to provide proper training
strategy development and process design. They can also help create
organizational environments which foster collaborative decision making.
Types of Disputes
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Commercial/Residential Development
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Facility Siting
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Land Use/Zoning
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Landfill Issues
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Promulgation of Regulations
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Political or Public Decision Making
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Economic Development Corporations
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Trade Associations
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Dispute System Design for Organizations
Process Design/Objectives
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Developing and Evaluating Multiple Options
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Consensus Building
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Allowing for the Involvement of All Parties With
An Interest
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Public Education
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Information Sharing
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Handling Controversy Effectively
Training Objectives
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Solving problems creatively and constructively
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Promoting effective communication
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Improving internal & external negotiation skills
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learning to offer and accept feedback in a constructive
manner
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Improving meeting design & facilitation
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Managing change constructively
Types of Clients
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Businesses and business leaders
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Municipal departments and officials
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State agencies
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Chambers of commerce
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Citizens' groups
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Consumers groups
Conservation and environmental groups
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Court Appointed
Special Assistants Program (CASA)
The CASA program works in Albany County
Family Court representing the best interest of children at risk for abuse
or neglect. These children are either in foster care or at risk of
being placed in foster care.
CASA uses volunteers from the community to:
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facilitate a working relationship with all parties
involved
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investigate to discover all important facts in a
case
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monitor a child's progress while in foster care
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present a written report to the Court
CASA volunteers also attempt to facilitate
the relationships and lines of communication between children, parents,
foster parents, caseworkers, law guardians, teachers, and many other relevant
parties. CASA volunteers maintain contact with all parties and monitor
compliance with Court orders. Finally, CASA volunteers prepare an
independent, factual report which assists the Court in making timely decisions
with respect to the best interest of the child. The program is successful
due mainly to the commitment and motivation of the volunteers, and the
low caseload that each volunteer maintains. Our CASA volunteers provide
a valuable, meaningful, service while gaining a true sense of personal
satisfaction.
NYS Department of Social Services statistics
show that at the end of 1998 over 600 Albany County children were in foster
care. The average stay in foster care for each child is 2.5 years.
Numerous studies have shown that children who receive the assistance of
a CASA volunteer will have the time they spend in foster care placement
cut in half.
CASA promotes permanency for every child.
All children deserve a permanent home, either with their biological families,
or with an adopted family.
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Safe Schools
Program
The Safe Schools Programs consist of a
wide variety of training, curricula, and support activities designed to
empower students, teachers, administrators, and staff with conflict resolution
and violence prevention skills.
During 1998, The Center provided extensive
services to eight different schools within Albany School District, as well
as three schools in the Schenectady School District. One-time training
sessions were provided to several other schools in both Albany and Schenectady
Counties.
The Center has also helped train teachers
and students in peer mediation in order to:
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Empower students to solve their own problems and
take responsibility for their actions
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Enhance the use of effective communication, negotiation
and critical thinking skills
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Promote mutual understanding of diverse individuals
and groups throughout the school community
During 1998, The Center provided training
and classroom activities to over 500 individuals through its Safe Schools
Programming.
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Lemon
Law Arbitration
The NYS Attorney General's office
contracts with the New York State Dispute Resolution Association, which
in turn contracts with the Center to provide trained arbitrators in Lemon
Law cases between automobile manufacturers and consumers. The arbitrator
rules on discovery issues, decides other motions, takes evidence and hears
testimony at a hearing, and renders a decision.
The Center arbitrated 26 such cases
in 1998. |
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Special
Education Mediation
The Center is qualified to mediate
disputes between school district and the parents of special needs children.
The School District is legally obligated to provide programming for these
students, but the District and parents often have very different ideas
about how this should be accomplished.
The Center, through a contract with
the New York State Department of Education and the New York State Dispute
Resolution Association, has 8 mediators who have taken a specialized 25
hour training in Special Education Mediation. This is a new program,
and during 1998 the Center mediated its first two Special Education Mediations. |
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Divorce
Mediation
The Center also participates
in the highly charged and technically difficult area of divorce mediation.
There is a growing trend for divorcing couples to use mediation to craft
a separation agreement. Mediation is often faster, more private,
less costly, and produces agreements and parenting relationships that endure.
Our 12 divorce mediators have all
received an intense forty hour specialized training in divorce mediation.
Topics covered include child custody and visitation, support, maintenance,
and asset distribution.
Due to the technical nature of divorce
mediation, as well as the length and intensity of the work, the Center
does charge the client a fee for the service. We have a sliding scale
based on the joint gross income of the couple. During 1998, the Center
handled 12 divorce cases. |
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Family
Court Mediation
The Family Court Mediation Program
at Albany County Family Court serves those involved in custody, visitation,
and other serious family matters. The goal of the program is to empower
parents and family members to resolve their disputes by mutual consent,
and in a manner that best serves the needs of the children involved.
In addition to custody and visitation, our mediators handle issues such
as parent-child disputes, support payments, parental relationship, and
grandparent visitation.
The program is very productive and
successful due largely to the dedication and expertise of the 27 volunteers
who are trained as Family Court Mediators. These mediators are trained
to assist parents in finding workable family options and solutions by using
a child-centered and co-parenting approach. All Family Court mediators
have received a 25-hour Basic Mediation Training, served a community apprenticeship,
have a minimum of two years mediation experience, have taken a 12-hour
Family Mediation training, served a family mediation apprenticeship, and
take a minimum of 6 hours of annual continuing education and training.
During 1998, 232 cases were referred
to mediation. Of these, there were 146 cases where the parties agreed
to mediate. Agreements were reached in 118 cases, or 81%. These
118 cases represent a huge savings of taxpayer dollars that would otherwise
be spent on litigation. |
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Copyright © 2000
The Center for
Alternative Dispute Resolution, Inc.
All Rights Reserved.
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