Divorced Dad Minute – Podcast on Mediation

I have not yet listened to this podcast, but it seemed interesting and I appreciated the tone of the opening paragraph:

A professional mediator can help when the lines of communication break down. Mediators are trained in conflict resolution. It’s always a good idea to have an intermediary when there are difficulties in reaching compromises. Plus it is a concrete demonstration / evidence of the willingness to negotiate.

This puzzled me, however:

There are two types of mediation, which normally are agreed in advance through a mediation contract that spells outthe terms of the mediation and the subject matter:

1) Open Mediation – A report can issue from this form of mediation and can be used in Court as evidence.

2) Closed Mediation – No report can issue from this form of mediation or be used in Court as evidence.

This is the second time in a month that I’ve heard of mediators issuing reports. It strikes me as odd that mediators would issue a “report” to the court, considering the the confidentiality of the mediation process. I do not believe we have anything of the sort in Georgia, but I have not yet taken the Domestic Relations training.

I would love to hear from a mediator in a jurisdiction where the mediator issues a report to the court regarding the proceedings.

Vote!

I don’t like to talk politics on here. Frankly, I’m afraid a potential client might disagree with my position and at this stage in my career, I can’t afford that. But I think I can safely make a non-partisan plea to my readers to get out and vote if their state is holding a “Super Tuesday” election.

If you are undecided about whom to support, please visit one of the following sites :

Candidate Websites (in alphabetical order):

Hillary Rodham Clinton
Mike Huckabee
John McCain
Barack Obama
Mitt Romney

Candidate Quizzes:

GlassBooth.org
Project Vote Smart
VoteChooser.com
SelectSmart
(some of these may have ads)

Vote!

Congratulations to the World Champion New York Giants!!!

Hell Yeah! Super Bowl XLII Champs!

A hearty “Better Luck Next Year” to all the Boston/New England area fans out there. Congratulations on their amazing, but IMperfect season. 18-1 is nothing to sneeze at.

Welcome “Mediation Meditations” – a blog title surely to confuse search engines everywhere.

Welcome former silk stocking, Wall Street lawyer turned mediator Christian Herzeca to the mediation blogger team. Christian already has some interesting posts. I look forward to reading more of his opinions.

Besieged Judge Hilton Fuller Steps Down in Nichols Case

By now, this probably isn’t even news to Geoff Sharp in New Zealand, but since it was in my backyard, I thought I’d comment. As you may have heard, retired Judge Hilton Fuller stepped down as the presiding jurist in the Brian Nichols/Fulton County Courthouse shooting case after he was quoted in the New Yorker as saying,

“Everyone in the world knows he did it.”

Since taking over the case because every other sitting judge in Fulton County rightfully recused themselves, he has been nothing but a “debacle and embarrassment.” Those aren’t my words. Those are the words of a Fulton County Superior Court Judge in an email to his colleagues.

The defendant, Brian Nichols, is accused of killing four people, the judge presiding over his trial for rape, the court reporter, a Sheriff’s deputy and a federal agent nearly three years ago. He overpowered a 51-year old, 5′2″ female sheriff’s deputy, took her sidearm, entered the courtroom and shot Judge Rowland Barnes in the back of the head.

Judge Fuller allowed the defense team to charge $175 per hour, nearly twice the rate paid to other court appointed counsel, and rack up nearly $2 million in bills, to be paid by the taxpayers. Because the State refused to cave to this extortion, he halted the trial during jury selection. He was also criticized by the Georgia legislature and the Fulton County District Attorney.

Two “tough but fair” jurists have volunteered to take over the case.

I fully understand that he is entitled to a defense, and the potential grounds for appeal, but for nearly three years Judge Fuller has coddled this man and his defense lawyers, compounding this horrible tragedy and rendering it an absurd joke (in the existential, Jean-Paul Sartre sense of the word).