Loading...
HomeMy WebLinkAbout01-23-1998 CommunicationCITY OF IOWA CITY January 9, 1998 Mayor Ernie Lehman and City Council 410 East Washington Street Iowa City, IA 52240 Dear Mayor and City Council: At our meeting of January 8, 1998, the Police Citizens' Review Board unanimously voted to request an extension of the 30-day reporting deadline according to City Code Section 8-8-7B.6. To ensure the investigation is conducted in a manner which is fair, thorough and accurate, we are requesting a 45-day extension for the following reasons: • the complainant(s) have expressed an interest in mediation; • a number of reports are due within a short time period; • additional information has been requested on a particular complaint. The Board has scheduled meetings for Friday, January 23; Thursday, January 29; Tuesday, February 3; Thursday, February 5; Monday, February 9; and Wednesday, February 25. It is the Board's intent to have completed reports to you no later than March 2, 1998. Since; Paul Hoffey, Chai Police Citizens' Review oard 410 EAST WASHINGTON STREET • IOWA CITY. IOWA S3390-1930 • 13191 330-5000 • FAX (319) 336-3009 Final Revision 1/16/" Date: Name Address City, State, Zip Dear The Police Citizen Review Board acknowledges receipt of your recent complaint I want you to know that in addition to the Iowa City Police Department's investigation and the subsequent PCRB's review, another option available to you is formal mediation. This would occur when all parties agree to meet with a mutually acceptable third -party mediator (non -City staff) in an attempt to reach a resolution of your complaint. This mediator would be a neutral party who is specially trained in mediation. This is offered at no expense to the parties. I would also like to point out that you may meet informally with the police officer who is the subject of your complaint and the department supervisor of the police officer if you wish to do this in an effort to resolve your complaint informally. If you would like to meet with them informally, please call the Chief of Police, RJ. Winkelhake at (319)356-5270. 1 encourage you to consider either alternative method in an effort to resolve the issues in your complaint. Again, they are available to you at any point during the investigation process. If you are interested in formal mediation, please contact Sandy Bauer at 356-5413 or Marian Karr at 356-5041. Sincerely, Paul Hoffey, Chair Police Citizen Review Board cc: PCRB R.J. Winkelhake V m N A W N m co OO' N W�Ci�0mo OVO ANO N3 W W -0 ONN N WwNOr OJd NN Nc V w' CO rnCiW� J , _. -' �d fbS mgO N lO 0�� � < t0 O`E oo x _N A 0 8 NO-S NaD Nfp ��� D NNdW No (D A CD c A om ocn N N o x a � 09 � � x WK DKvm-0- WmK mWK- yDrn>•p WymaJ'O c yo.yO c o.y (rO c d�W JOw'(1 C �M�CL -' mJ�N a m o` °: 0 0 o a 0 3 c c o_ o_ o_ c_n c m m 3 J O O O c J J N 5-_mm3< mv;mo3odm< - W o.d o o.c w �� o.o y 0o O d—gym° m z—��° J o 33 p: ono a J N. m ?oS�n-'�o o n J (D f0 CD Xl J 3 D O� m CD may CD o_0 DDd 3 N Q°a o-�CD 3 a i d CD 0mKm^0�no 3 0 o� �o c mm'o�0a�.�d�� m 32.J o' o;o 5 N N N J F J ^ N 0CD7 < N J J ? m N N 0 • • • • • • • • • • • • n nn T o cur 03 w (��DD(�AD �Dw oD o �3 J�0J o 2CD 3�� CD CD m�3 �c CD33 mo 0mx "3u'x 03 CD N C c3 F 3 CD 3d m' = d Qo>• O ySWo ow N N y n J C (no J <n S N A N J < q J a O O ((DD a O COS J N n O O (D c Z N n J N C `<a 3 J `<p (p O -y `� V O y d J J M n a y pFi O- a' SCD 3 0 d. m 3 O O zoo m< -' Oo .-0 O N m D) N O- -�L N 0 m N N (N� O d C c z 3 o 0 0 m J. m 4 F»�=w o F� x m�t� N N N NO (T N l N N O T CD CD CD + + S y < J CD n + ry O= f. 7 C c ? D a < N N J N O » 0_Q Jcr (D W < < 0 CD m O 0 N M N J J W N Law Office of KATE CORCORAN 220 Lafayette Street Iowa City, Iowa 52240-1746 Telephone: (319) 351-3646 Facsimile: (319) 338-2140 January 15, 1998 Sandy Bauer Administrative Assistant Police Citizens' Review Board City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 Re: Provision of Mediation Services Dear Sandy: Thank you for contacting me earlier this week. This is to confirm that I am interested in mediating disputes filed with the Police Citizens' Review Board of Iowa City. As I told you when we spoke by phone, I am an attorney who has practiced exclusively as a mediator since September 1996. Please find enclosed a biographical sketch, resume, and copies of certificates I received for the 80 hours of mediation training I received in the summer of 1996. I have probably had at least an additional 30 hours of mediation training since then, mostly in the form of continuing legal education courses. Here's a quick breakdown of the 59 cases I've handled during the 16 months I've been in practice: • 10 employment complaints (for the Iowa Civil Rights Commission) • 23 civil actions (personal injury, debt collection, landlord -tenant, consumer, and mental commitment disputes) • 26 divorce and/or custody cases At this date, I have not mediated any case in which the City of Iowa City has been a party. I am a roster mediator for the Sixth Judicial District Family Mediation Program, and also mediate small claims cases in Johnson County District Court. In December 1997 I signed a contract as a mediator -in -training for the Iowa Public Employee Relations Board, which oversees and adjudicates all collective bargaining agreements with public employees in the state. Sandy Bauer January 15, 1998 Page 2 of 2 I charge an hourly rate of $100 for medation services, as well as for work I do during or after a mediation session on drafting and finalizing in written form any settlement agreement reached by the parties. Unless a case involves a significant amount of preparation on my part or extraordinary time spent on the phone with the parties to schedule mediation sessions, negotiate ground rules, etc., I usually don't charge for such work. Lastly, please find enclosed a sample "Agreement to Mediate;' which I provide to parties in advance, discuss with them at their first mediation session, and request that they join me in signing prior to the start of mediation. Thank you again for contacting me. Please let me know if you would like me to provide additional information. Siin�,recerely yours, ( Kate Corcoran Enclosures BIOGRAPHICAL SKETCH Kate Corcoran - Attorney Mediator 220 Lafayette Street — P.O. Box 2401 Iowa City, Iowa 52244-2401 Telephone: (319) 351-3646 Facsimile: (319) 338-2140 Kate Corcoran is an Iowa City -based attorney whose practice is limited to mediation. Having completed over 100 hours of training in civil, divorce, and victim -offender mediation, she has qualified for membership on the roster of mediators maintained in Linn and Johnson counties by the Sixth Judicial District Family Mediation Project. Kate is also a volunteer mediator for the Iowa Civil Rights Commission and the Johnson County Small Claims Court Mediation Project. An Iowa City native who graduated from the University of Iowa in 1970 with a bachelor's degree in education, Kate spent six years as an elementary and high school teacher in Kuwait, Zambia, Sweden and Massachusetts. After receiving a master's degree in journalism from Columbia University in 1978, she was a researcher for WCBS-TV in New York City; assistant foreign editor of CBS News; a reporter and copy editor for The Daily Dispatch, a newspaper in Moline, Ill.; and managing editor of a monthly magazine in Brussels, Belgium. In 1986 Kate returned to Iowa City, and became a writer for University of Iowa News Services. In 1991 she received a law degree with distinction from the UI, where she was managing editor of the Iowa Law Review. Kate worked one year as law clerk to Iowa Supreme Court Justice Linda K. Neuman, followed by two years as an associate with Childers & Fiegen, a Cedar Rapids firm specializing in commercial litigation and bankruptcy. From November 1994 to August 1996, she was project director of the Iowa Supreme Court Commission on Planning for the 21st Century, a 72-member task force that made a comprehensive study of Iowa's state court system. Kate serves on the District 6 Judicial Nominating Commission, and is a member of the Johnson County, American and Iowa State Bar associations (ADR Section Council); Society of Professionals in Dispute Resolution (SPIDR); Iowa Association for Dispute Resolution (IADR); Iowa Organization of Women Attorneys; and Dean Mason Ladd American Inn of Court. She is also an adjunct assistant professor in the UI School of Journalism and Mass Communication, a member of the Iowa City Board of Adjustment, and is fluent in Swedish. KATE CORCORAN 220 Lafayette Street Phone: (319) 351-3646 Iowa City, Iowa 52240-1746 Fax: (319) 338-2140 EXPERIENCE Law -related 1996— LAW OFFICE OF KATE CORCORAN IOWA CPfY, IOWA Solo practice limited to mediation of all types of disputes. 1994-96 IOWA SUPREME COURT DES MOINES, IOWA Project director, Commission on Planning for the 21st Century. Responsible for day-to-day administration of two-year, $250,000 court futures project. Duties included organizing and staffing two conferences for full 72-member Commission as well as monthly meetings held by steering committee and five 12-member teams; setting agendas, compiling minutes and handling mass mailings; helping design, write and edit the Commission's final report; writing press releases and providing public relations support; researching and drafting questions for a public opinion survey; jointly conducting focus groups with 141 court stakeholder participants; making presentations to attorneys, judges and court personnel; and arranging for public hearings. 1992-94 CHILDERS & FIEGEN, P.C. CEDAR RAPIDS, IOWA Associate in four -attorney firm specializing in commercial litigation and bankruptcy. Counseled clients, drafted pleadings, motions and briefs, conducted discovery, negotiated settlements, appeared at hearings and trials. Was a participating attorney in the Iowa Volunteer Lawyer Project. 1991-92 IOWA SUPREME COURT DES MOINES, IOWA Law clerk to Justice Linda K. Neuman, Davenport, Iowa. Summer 1990 STUDENT LEGAL SERVICES IOWA CITY, IOWA Legal intem. Represented UI student clients in criminal and civil matters. Cases included OWI, possession of controlled substances, thefts, divorces, landlord -tenant disputes, and debtor -creditor and personal injury actions. Summer 1989 UNIVERSITY OF IOWA IOWA CITY, IOWA Research assistant to Mary Dudziak, UI law professor and historian with specialties in constitutional law and disability rights. Tracked down cases, articles and books, wrote memoranda and edited drafts of scholarly articles. Teaching 1994— UNIVERSITY OF IOWA IOWA CITY, IOWA Adjunct assistant professor, School of Journalism and Mass Communication. Have taught courses in editing, journalistic reporting and writing, legal reporting and persuasive writing. 1969-76 INTERNATIONAL SCHOOLS KUWAIT, SWEDEN, ZAMBIA High school, elementary and ESL teacher. Also taught Grade 4 in Lexington, Mass., 1975-76. University Relations 1986-88 UNIVERSITY OF IOWA IOWA CITY, IOWA Writer, University News Services. Wrote news and feature articles on faculty, students and university life. Provided public relations support for colleges of Law and Business Administration, Institute of Public Affairs, and Division of Continuing Education. Marketed stories to local and national media. Assisted reporters covering UI personnel, research and events. Newspaper Summer 1997 THE DAILY IOWAN IOWA CITY, IOWA Writing coach for 25,000-circulation student daily. Worked with editors and reporters, wrote daily critiques and attended weekly editorial meetings. 1980, 1984-85 THE DAILY DISPATCH (afternoon daily) MOLINE, ILLINOIS 1985 Copy editor. Also did layout for business and farm sections. 1984 Reporter for federal and state courts, Rock Island police, schools and city government. Also edited "Reminder," a 12-page weekly supplement for the Rock Island area. Hired/supervised writers; assigned stories and photos; did copy editing and layout. 1980 Business reporter. Covered industrial, banking, real estate, labor, retail and transportation sectors of Quad -City economy. On weekends, did police and general assignment reporting. Magazine 1982-83 RENDEZ-VOUS (English monthly) BRUSSELS, BELGIUM Managing editor. Responsible for editorial content of magazine. Trained and supervised staff, assigned stories and artwork. Shot photos and wrote stories; also did rewriting and copy editing, layout and paste-up. Spring 1977 MIDDLE EAST MONEY (English bi-weekly) PARIS, FRANCE Reporter. Wrote articles on French -Saudi relations, the Middle East car and truck markets, and industrialization in Qatar. Television 1978-80 CBS, INC. NEW YORK, NEW YORK 1979-80 Assistant foreign editor, CBS News. Assigned and supervised daily news coverage outside the U.S. by CBS staff in 12 foreign bureaus and stringers worldwide. Also arranged for coverage of international stories for use on "60 Minutes," CBS Radio programs, network documentaries and "specials." 1978-79 Production associate, CBS News' documentary division. Did research and handled production arrangements for "Inside Yesterday," a historical documentary pilot program that aired in 1979 with Mike Wallace as correspondent. EDUCATION 1991 UNIVERSITY OF IOWA IOWA CITY, IOWA Received J.D. degree with distinction. Member (1989-90) and managing editor (1990-91) of Iowa Law Review. Member of Faculty Appointments Committee, Organization for Women Law Students and Staff, Iowa Society of Law and International Affairs, and Commencement Commiftee. Planned and coordinated 1989 UI Women in Law Conference. 1978 COLUMBIA UNIVERSITY NEW YORK, NEW YORK M.S. degree in journalism. Lydia C. Roberts Fellowship. Worked part time as co-anchor of a weekly cable TV program on educational issues that was produced and broadcast by Columbia Teachers College. 1970 UNIVERSITY OF IOWA IOWA CITY, IOWA B.A. degree in elementary and special education. Awarded State of Iowa Scholarship; member of Mortar Board and Pi Lambda Theta honor societies. Elected as off -campus representative to student government; was active in a host of campus organizations. LANGUAGES Fluent in Swedish, proficient in French. OTHER SERVICE Boards & Commissions 1996- District 6 Judicial Nominating Commission 1996- Iowa City Board of Adjustment 1996-97 Iowa Supreme Court Planning Implementation Committee Volunteer work 1997- Mediator - Johnson County Small Claims Court Mediation Program 1996- Mediator - Iowa Civil Rights Commission 1997- Holiday Bazaar Committee - Johnson County Senior Citizens Center 1991- Judge - Client Counseling Program - UI College of Law 1991- Judge - Moot Court competitions - UI College of Law Professional groups (current) American Bar Association (section on dispute resolution) Iowa State Bar Association (ADR section council member and editor of section newsletter, co-chair of section CLE committee; member of Young Lawyers Division CLE committee) Johnson County Bar Association (chair of ADR committee) Dean Mason Ladd American Inn of Court Iowa Organization of Women Attorneys Society for Professionals in Dispute Resolution Iowa Association for Dispute Resolution (chair of elections committee) Professional Women's Network (program, networking committees) Johnson County Area Women's Network (publicity, hospitality committees) BASIC CIVIL MEDIATION TRAINING August 14 - 18, 1996 Denver, Colorado i 9 Ln 0 wo 0 N. KATE CORCORAN - Attorney Mediator 220 Lafayette Street P.O. Box 2401 Iowa City, Iowa 52244-2401 (319) 351-3646 AGREEMENT TO MEDIATE This Agreement is between and (hereafter referred to as the parties) and mediator Kate Corcoran. The parties are represented by attorney and attorney . respectively. The parties have agreed that Kate Corcoran (hereafter referred to as the mediator) shall serve as mediator in connection with case no. filed in Court (or name of federal, state or local agency). The provisions of this agreement are as follows: 1. Mediation is a process in which an impartial third person — the mediator — facilitates the resolution of a dispute by promoting voluntary agreement by the parties to the dispute. The parties should reach decisions voluntarily, with decisions based on sufficient factual data and understanding. While mediation may be viewed as an alternative means of dispute resolution, it is not designed to protect the legal rights of the parties and is not a substitute for independent legal advice. 2. Although mediator Kate Corcoran is an attorney, she does not and will not offer legal or tax advice to either party, nor will she provide any legal representation to them. As a mediator, she is a neutral facilitator who will assist the parties to reach their own settlement agreement. 3. The parties are hereby informed and advised that each should retain his or her own attorney in order to be properly advised of his or her legal interests, rights and obligations. Not only should the parties employ independent legal counsel for advice, they should consult with their own counsel throughout the mediation process and prior to signing any settlement agreement. 4. The parties understand that in order for mediation to work, open and honest communications are essential. Accordingly, all written and oral communica- tions, negotiations and statements made in the course of mediation will be treated as privileged settlement discussions and are absolutely confidential. Therefore, it is further agreed that: a. The mediator will not disclose to any third party any written or oral communications, negotiations and statements made in the course of mediation, unless such disclosure is required by law, without the prior consent of the parties. If subpoenaed by a third party or otherwise notified to testify, the mediator will inform the parties immediately so as to afford them an opportunity to take action to quash the subpoena or notice. Agreement to MediatelPage 2 of 3 b. The parties also agree that they themselves will not at any time, before, during or after mediation, call the mediator as a witness in any legal or administrative proceeding concerning this dispute. To the extent they may have a right to call the mediator as a witness, the parties hereby waive that right. c. The parties agree not to subpoena or demand the production of any records, notes, work product or the like of the mediator in any legal or administrative proceeding concerning this dispute. To the extent that they may have a right to subpoena or demand these documents, the parties hereby waive that right. d. If, at a later time, either party decides to subpoena or otherwise call the mediator as a witness in a legal or administrative proceeding, the mediator will move to quash the subpoena or notice. e. The exception to section 4(c) above is that this Agreement to Mediate and any written settlement agreement made and signed by the parties as a result of this mediation may be used in any relevant proceeding. f. Furthermore, this Agreement to Mediate does not prohibit the release of information by the parties in an application to a court by a party to have a mediated settlement agreement set aside or reformed. 5. Mediation is a voluntary process, and it is understood that any party may terminate at any time. However, the parties agree that anyone wishing to terminate mediation will do so during a mediation session. 6. If the mediator determines that the parties are unable or unwilling to meaning- fully participate in the mediation process or that reasonable agreement is unlikely, the mediator may suspend or terminate mediation. 8. If a settlement agreement is reached by the parties, the mediator will document its terms in written form. Each party is advised to review the written settlement agreement with his or her own attorney before it is placed in final form and signed by the parties. 9. The mediator's fee will be $100 an hour for mediation sessions, whether individual or joint sessions. The mediator will also be paid $100 an hour for time she spends working on, drafting and finalizing a written settlement agreement, whether that occurs during a mediation session or at a later time. The parties understand that the mediator's fees will normally be paid at the end of each session, unless special arrangements have been made in advance. The parties also understand that they will be billed by invoice for their share of the mediator's fee for preparing the settle- ment agreement, and each party agrees to pay the invoiced amount within 30 days of the date of the invoice, unless special arrangements have been made with the mediator in advance. The parties agree to share on an equal basis payment of the mediator's fees (or however they want to handle this). Agreement to Mediate/Page 3 of 3 10. This Agreement to Mediate reflects the commitment of each party to negotiate fairly, honestly and equitably during the mediation process. I have read, understand and agree to each I have read, understand and agree to each of the provisions of this agreement. of the provisions of this agreement. Party's name Title (if applicable) Organization (if applicable) Address Town, State, Zip Date Party's name Title (if applicable) Organization (if applicable) Address Town, State, Zip Date Kate Corcoran Attorney Mediator 220 Lafayette Street P.O. Box 2401 Iowa City, Iowa 52244-2401 Date E EXECUTIVE COMMITTEE Chair George Drake Vice -Chair Susan Fisher Secretary Donald L. Schil d Treasurer Mary Grede BOARD OF DIRECTORS Father Marvin Boos Donald Byers Jean Lloyd -Jones Dawn Taylor Maggie Tinsman EXECUTIVE DIRECTOR C. Gregory Buntz IOWA PEACE INSTITUTE 917 Tenth Avenue • P.O. Box 480 • Grinnell, Iowa 50112 5151236-4880 • FAX 515/236-6905 e-mail: iapeacei@ac.grin.edu January 12, 1998 Ms. Sandy Bauer C/O City Clerk's Office 410 E. Washington Street Iowa City, IA 52240 Dear Ms. Bauer: Thank you for your inquiry regarding the Iowa Peace Institute. I am sorry one of our mediators was not available to take your call today. They should be here the rest of the week, so please call if you have questions. I have enclosed sample copies of the forms that are provided to the parties in a mediation as I thought this might prove helpful for your board. I am also sending some general information on the Iowa Peace Institute describing mediation and other services we have available. Again, thank you for calling. Please let us know if we can be of further assistance. Sincerely, Darlene Goodrich, Business Manager Preparing for Mediation Mediation is a process in which an impartial third party -- a mediator ---- facilitates the resolution of a dispute by promoting voluntary agreement by the parties to the dispute. Simply put, mediation is a process of structured and assisted negotiation. The mediator is the manager of the process. The content of the negotiation is the province of the people in dispute. The mediator establishes at the outset a few basic guidelines for the process. The mediator is not an advocate for any party, rather he or she is an advocate for the process. The chances for a successful mediation are greatly enhanced when the people in dispute have given prior thought to several important areas. These include both relationship (interpersonal) and substantive (terms) issues. In both areas, it must be determined what one wants and what one needs. "Wants" are typically expressed as the petitions people take. 'Needs" are the underlying concerns or interests which are often at the heart of the matter. Agreement is reached when sufficient "wants" and "needs" of both parties are satisfied. In managing the mediation process, it is the mediator's role to help each side identify and clarify its interests within these areas, as well as their relative importance. If an agreement is to be lasting, the parties must be forthright in talking about what they need and why. Relationship issues involve personal feelings, and these can be driven by strong emo- tions. It is important that these be expressed for a dispute to be negotiated and settled. One of the mediator's roles is to assist disputants in airing their feelings about differ- ences so that they can fully come to terms with the situation. A number of questions are offered on the other side of this page to help you think through what the substantive and relationship issues are for you. At the close of the mediation session(s), please do take a few minutes to complete an evaluation. It provides much important information to help us as mediators. Thank you. See the other side of this page for questions to consider as you approach mediation. AIN `�' The Iowa Peace Institute • 917 loth Avenue • P.O. Box 480 • Grinnell, Iowa 50012 • tel: (515) 236-4880 • fax: (515) 236-6905 Mediation Information and Guidelines Successful mediation depends upon the voluntary agreement of the parties to: • Work together to jointly create a mutually satisfactory resolution of the situa- tion facing them; • Negotiate in good faith; • Treat each other with respect; and • listen without interruption. The mediation process. While mediation is not a linear process, generally it proceeds in the following phases: 1. Opening remarks by the mediator, parties review and sign Agreement to Mediate. 2. Opening statements are given by the parties. Usually the party requesting mediation speaks first, then the other party given his or her statement. 3. Issues are identified and clarified. 4. Solution options are jointly developed — without evaluation or judgment. 5. Parties evaluate options and, with the assistance of the mediator, negotiation begins. 6. The mediator may confer privately (caucus) with either or both parties. 7. When the parties reach an understanding, a Mediation Agreement is written and signed. Copies are given to each party, and the mediator closes the session. Important points to understand: • As defined in a document jointly produced by the American Arbitration Asso- ciation, the American Bar Association, and the Society of Professionals in Dispute Resolution, mediation is defined as a process in which an impar- tial third party -- a mediator -- facilitates the resolution of a dis- pute by promoting voluntary agreement (or "self determination") by the parties to the dispute. A mediator facilitates communications, promotes understanding, focuses the parties on their interests, and seeks creative problem solving to enable the parties to reach their own agreement. • The mediator is a neutral person who is not an agent for any party. The mediator is to assist and help the parties reach their own settlement or agreement and does not give legal advice. • For mediation to work, open and direct communication are essential. Media- tion sessions must be help in confidence. Electronic recording of sessions is not permitted. `�' The Iowa Peace Institute - 91710th Avenue - P.O. Box 480 • Grinnell, Iowa 50012 • tel: (515) 2364880 • fax: (515) 236-6905 IOWA PEACE INSTITUTE " The Iowa Peace Institute • P.O. Box 480 • Grinnell, Iowa 50012 • tel: (515) 236-4880 • fax: (515) 236-6905 AGREEMENT TO MEDIATE We, the undersigned parties, do on this day of 1997, agree that: 1. We will engage in mediation conducted by the Iowa Peace Institute (IPI) with as the Mediator. 2. The provisions of the Mediation Information and Guidelines attached are made a part of this agreement. 3. All mediation discussions constitute settlement negotiations. They shall be confidential (unless otherwise provided in the Mediation Agreement), and shall not be admissible as arguments or evidence in a hearing or in any legal proceeding. 4. Each party waives the right to call the IPI or the Mediator as a witness or to request production of their records. Further if the IPI/Mediator is subpoenaed, the party subpoenaing IPI/Mediator will reimburse the latter for any expenses IPI/Mediator occurs in such action, including attorneys fees plus $100 per hour for any of the Mediator's time taken in responding to the subpoena. 5. Each party holds the IPI/Mediator harmless, and does indemnify the IPI/Mediator for, any and all claims, demands, damages, or liabilities which arise as a result of (or from acts or omissions during) the entire mediation process, also including the Mediation Agreement. Mediator - Print Name Party - Print Name Party - Print Name Signature Signature Signature Case Number: Iowa Peace Institute P.O. Box 480 " Grinnell, IA 50112 Mediation Evaluation To help us provide the best possible dispute resolution services and to evaluate our effective- ness, please take a few minutes to respond to the following questions. A postpaid envelope is enclosed for you. Your perceptions are very important to us. 1. What did you expect to achieve from participating in the mediation? 2. Before mediation, how did you feel about the possibility of finding a satisfactory solution? Optimistic Ambivalent Pessimistic 3. Did you find the written materials on preparing for mediation sent to you by our office? helpful not helpful 4. If not helpful, please explain The Mediator 5. Did the mediator understand enough about your situation to be helpful? _ Yes ` No 6. How adequately was mediation explained before the session began? Very adequately Adequately , Inadequately 7. Did the mediator help you and the other party move toward agreement? _ Yes _ No 8. Was there sufficient opportunity to hear all sides of the issues? 9. What is your overall evaluation of the mediator? Excellent Good Mediocre Poor Yes No - continued on other side- 10. Did you reach consensus on issues? _ Yes _ No a. If yes, are you satisfied with the outcome? Verysatisfied Partially satisfied b. if no, why do you think you did not reach consensus? _ Not everyone was willing to participate _ I was not willing to participate _ I did not have sufficient information to participate 11. Regardless of whether or not you reached consensus: Did you get a better understanding of the issues? Did you get a better understanding of your own interests? Did you get a better understanding of others' interests? Do you feel that you are now better able to talk together? 12 What is your overall evaluation of the mediation process? Excellent Good _ Mediocre Dissatisfied Yes —No —Yes —No —Yes —No 13. Do you have any other comments about the process or the mediator? Yes —No IOWA PEACE INSTITUTE 917 Tenth Avenue • Box 480 • Grinnell, IA 50112 515/2364880 • FAX 5151236.6905 email: lapeacelC&ac.grin.edu C. Gregory Buntz, Ph.D. Executive Director FACT SHEET. Fall,1997 MISSION The Iowa Peace Institute is a public -private partnership; a non-profit corporation receiving state and private funding that exists because violence is an unacceptable way of dealingwithconflict. The mission of the Institute is to reduce the costs of conflict and to help people solve the problems that keep them apart ORIGINS The idea for a peace institute in Iowa was first conceived after Congress had authorized the United States Insti- tute of Peace (USIP) in 1984. The following year a bipartisan group of Iowa's leaders in government, busi- ness and education was convened to develop a strategy for convincing the USA to locate in Iowa. After it became evident that the USIP would remain in Wash- ington, DC, the Iowa group met several times and gained support within the state, as well as regionally and nationally, to develop its own peace institute. Both the legislature and the governor endorsed the proposal and provided appropriate resolutions of support Planning sessions with nearly 100 Iowans were used in the creation of the Iowa Peace Institute in 1986. The sessions established both a long-term vision for the Institute and some practical steps for implementation. Perhaps the most significant conclusion was that insti- tute programming should have practical application both locally and internationally. PURPOSE- 1 . Provide training and education programs in nego- tiation skills and conflict resolution. 2. Promote the use of peaceful approaches to conflict management and conflict resolution in communi- ties, schools, businesses, non-profit, and public organizations. 3. Provide dispute resolution and problem solving re- sources to assist individuals and organizationsin the resolution of disputes using non-violent and non - adversarial methods such as mediation. 4. Develop programs that promote international un- derstanding and peace among and within nations. 5. Build a library of materials on peace and conflict resolution, and make it available to the general public and to scholars and students in the field. 6. Collaborate with other organizations to promote and teach non-violent and non -adversarial approaches to resolving conflict. FUNDING Early funding sources included individuals, small busi- nesses, corporations, a consortium of Iowa colleges and universities, and the State of Iowa. The Peace Institute still recejvessome state support and corporate, business, and individual donations. The Institute also applies for, and has received, foundation and government grants, and also generates revenue from fees for services. ADMINISTRATION The Institute is administered by a governing board of 11 members. The institute staffing includes one executive position (the Executive Director also has major program responsibilities), two program positions, two adminis- trative positions, and a varying number of independent contractors, volunteersand college interns. These are not all full-time positions, and currently, the Peace Institute employes the full-time equivalent of slightly less than five people. SELECTED ACCOMPLISHMENTS-1987-1997 Conflict Resolution • Helped establish a cadre of conflict management teacher -trainers in Iowa, resulting in over 12,000 stu- dents being trained as peer mediatorsand over 100,000 students learning practical conflict resolution skills. • Cooperated with the University of Northern Iowa to provide conflict resolution training in its teacher education program. • Conducted hundreds of training sessions or work- shops to help more than 10,5W Iowans become skilled in techniques of mediation and conflict management. • Conducted orco-sponsored six statewide conferences focusing on conflict resolution with a total of 15W participants. • Mediated numerous workplace disputes involving private, public and non-profit organizations throughtout Iowa. • Mediated numerous conflicts involving special edu- cation matters throughtout Iowa. • Mediated several church conflicts in different parts of the state. • Assisted a major healthcare organization in Iowa with the design and implementation of an employee conflict management system. • Intervened in a municipal hospital dispute involving the board, staff, physicians, and city hall in north central Iowa. • Mediated the dissolution of a professional corpora- tion in the health care field. • Mediated a construction dispute in central Iowa. • Provided meeting facilitation services to school districts, a city human rights commission, and reli- gious and community groups. • Conducted an organizational analysis and provided recommendations for resolving conflict for a major employer in central Iowa. • Established a divorce mediation project in Iowa's Eighth Judicial District with the help of an Iowa Supreme Court grant. • Established a community building project, Community Building in Grinnell (CBIG), to demon- strate the effectiveness of a community -wide collabo- rative problem solving. International Understandine • Provided training in conflict resolution to more than 100 Russians and Ukramians,100 Bulgarians, 50 Poles, 40 Africans, 30 Peace Corps volunteers, and 4 Tibetans. • Sponsored or co sponsored more than 200 interna- tional guests, including a family from Russia, who made presentations in colleges and communities throughout Iowa. Among the guests were such no- tables as Federico Mayor, Director General of UNESCO; President Carazo of Costa Rica; Robert Muller, former Assistant Secretary General of the United Nations and Chancellor of the University for Peacein Costa Rica; AmbassadorSamuel Lewis, Presi- dent of the U. S. Institute of Peace; and I.O. Mensa- Bonsu, Senior Political Officer for the Organization of African Unity. • Convened an international conference that brought representatives of peace organizations from 20 na- tions to Des Moines. • Established a Partners in Development program which has provided over 22 international students, studying in Iowa, with small grants to implement projects for improving living conditions in their home countries. • Initiated the loum International Fellow Program to assist some 250 international student leaders learn about Iowa businesses and culture outside their academic setting. • Facilitated educational and cultural exchanges be- tween Iowa and Russia, and Iowa and Ukraine, in- volving more than 100 adults and students. PUBLICATIONS • Newsletter provided four times per year to over 6,000 readers. • FOSTERING PEACE: AComparison ofConflictReso- lution Approaches for Students (K-12). • The Role of Mediation and Conflict Resolution in ad- dressing Hateful Speech and Gang Issues. • The Mediation Process - Why it Works. INFORMATION SERVICES • With assistance of a grant from the U. S. Institute of Peace, established a specialized library of 2,000 books and 200 videos avail- able to the public. Approximately 240 patrons per year make use of materials from the library. • With assistance of a grant from the U. S. Informa- tion Agency, collected books which were shipped to Bulgaria, resulting in the country's largest English -language library. INTERNSHIP PROGRAM • Provided semester-long,creditintemshipsforover 30 Iowa college students. • Provided part-time, paid support staff positions to more than 30 Iowa college students. Iowa Peace Institute 9 917 Tenth Avenue • P. O. Box 480 • Grinnell, Iowa 50112 • 515 2364880 Fax 515 236-6905 140bProgram For Dispute Prevention and Conflict Management - A Service of the Io ua Pace Institute Training and Intervention Services I. Training in Dispute Prevention and Conflict Management: A. Workshop§ which generally last less than one day (many can be expanded and/or combined into longer training seminars). 1. Consensus Building 2 Effective Listening 3. Negotiation as a Collaborative Problem Solving Process 4. Communications Skills for Conflict Management 5. Positive Confrontation 6. An Introduction to Conflict and Conflict Management 7. Dealing with Difficult People 8. Dealing with Emotions in Conflict 9. Dispute Prevention and Conflict Management in Families 10. An Overview of Workplace Conflict Resolution 11. Gender Issues in Dispute Prevention and Conflict Management 12. Mediation as a Win -Win Process 13. Creative Thinking for Community Building 14. Introduction to Conflict Management Systems Design 15. Cooperative Negotiation in a Competitive World 16. Ethical Issues in Conflict Management B. Training seminars which are generally a day or more in length: 1. Negotiation Skills for Dispute Prevention and Conflict Management 2. Introductory Mediator Training (35 hours: applicable to workplace, community and other settings) 3. Advanced Mediation Skills 4. Managerial Mediation 5. Designing Dispute Resolution Systems 6. Large Group Facilitation Skills 7. Conflict Resolution and Workplace Violence Prevention 8. Managing Conflict with Customers or Clients 9. Group Problem Solving 10. Teaching Dispute Prevention and Conflict Management Skills in the Workplace (Training of Trainers) II. Intervention Services to Prevent and/or Resolve Conflict 1. Meeting facilitation 2. Organizational conflict analysis consultation 3. Conflict management policy development consultation 4. Negotiation preparation consultation 5. Neutral fact finding 6. Mediation 7. Advisory arbitration 8. Binding arbitration 9. Conflict management systems design 10. Individual employee assistance with handling interpersonal conflict For more information about training and intervention services call 515-2364880 SONDRA B. KASKA, M.A., J.D. Mediator January 14, 1998 Sandy Bauer PCRB, c/o City Clerk's Office 410 E. Washington St. Iowa City, IA 52240 Re: Mediation Dear Ms. Bauer: As we discussed in our telephone conversation today, I am interested in serving as a mediator for the PCRB. Per your request, enclosed please find a copy of my current Curriculum Vitae. The section specific to mediation is labeled "Alternative Dispute Resolution" and begins on page five (5). My rate is $100.00 per hour. As I indicated during our conversation, I do my best to be as flexible as possible in order to schedule mediation sessions at a time that is convenient to the disputants, including doing mediations in the evenings and on weekends, if necessary. Please give me a call if you need additional information or have other questions. Thank you for considering me for this position. Sincerely, OL .i, e. A::. . Sondra B. Kaska Enclosure 103 E. College Street, Suite 300 Iowa City, Iowa 52240 (319) 358-6690 EDUCATION Legal: Other: VITAE SONDRA B. KASKA 103 E. College Street, Suite 300 Iowa City, Iowa 52240.4008 (319) 358.6690 University of Iowa, Iowa City, Iowa 52242: Juris Doctorate. May 1985. University of Iowa, Iowa City, Iowa 52242: Master of Arts in Special Education (Emotional Disabilities). July 1979. University of Iowa, Iowa City, Iowa 52242: Bachelor of Arts in Special, Elementary, and Early Childhood Education. December 1975. JURISDICTIONS ADMITTED TO PRACTICE Eighth Circuit Court of Appeals: November 28, 1986. Federal District Court, Southern District of Iowa: December 10, 1986. Federal District Court, Northern District of Iowa: March 5, 1986. Iowa Supreme Court: January 24, 1986. PROFESSIONAL POSITIONS Legal: Attorney and Mediator in Private Practice: October 1995 - present. Areas of practice include disability rights (Individuals with Disabilities Education Act, Americans with Disabilities Act, social security disability), guardianships and conservatorships, special needs trusts and wills, civil rights, and family law. Staff Attorney and Litigation Coordinator, Iowa Protection and Advocacy Services, Inc. (P & A): November 1988 - October 1995. Developmental Disabilities and Mental Illness Law Project, University of Iowa College of Law, Iowa City, Iowa 52242: November 1986 - July 1989, included in position with Iowa Protection and Advocacy. P & A is a federally funded non-profit Iowa corporation created to promote and protect the legal and human rights of persons with developmental disabilities and persons with mental illness. Primary responsibility was legal representation of clients in administrative and judicial forums (federal and state courts). Cases included those brought pursuant to the Individuals with Disabilities Education Act, the Americans with Disabilities Act, as well as other civil rights actions involving constitutional and statutory law and legal issues affecting persons with disabilities. Additional responsibilities: consulting with other P & A staff, coordinating the litigation of the agency, providing education and information to the public, advising the P & A Board of Directors and Executive Director regarding legal matters which affected the corporation, supervising other staff, a^d working with student legal interns in conjunction with the University of Iowa's Clinical Law Programs. Compliance Advisory Board (Plaintiffs' representative to two member panel), Anna Marie Weston, at al. vs. Wyoming State Training School, at al., No. C90.0004 (D.C. Wyoming 1990): March 1991 - 1995. Weston was a federal class action lawsuit aimed at improving and downsizing Wyoming's institution for persons with mental retardation while simultaneously expanding and improving the state's community -based supports for its citizens with disabilities. This suit was settled through a Consent Decree jointly developed by the parties. The CAB assisted the parties, facilitated the implementation of the Decree and advised the court regarding progress under the Decree. Associate Project Director, Future Directions of Services for Children with Special Health Care Needs, National Maternal and Child Health Resource Center, University of Iowa College of Law, Iowa City, Iowa 52242: March 1986 - November 1986. Various administrative responsibilities; collecting and reporting survey data; preparing drafts of Project reports relating to the services needed by children with special health care needs, including family support and special education services; and research and writing regarding related legal issues. Pro Bono Services: May 1985-November 1986. Continued active involvement with the Clinical Law Programs, University of Iowa College of Law, on various cases involving rights of persons with disabilities, special education, and related issues. Head Law Clerk, Sixth Judicial District of Iowa, Cedar Rapids, Iowa 52401: July 1985 - March 1986. Legal research and writing including memoranda and proposed rulings; administrative duties, including coordination of case assignments among law clerks. Legal Intern, Johnson County Attorney's Office, Iowa City, Iowa 52240: May 1984 - May 1985. Misdemeanor trial docket management, including witness preparation, discovery, bench and jury trials, negotiating plea agreements, conducting complainant initial interviews; legal research and writing, including drafting complaints, memoranda, and motions. Student Legal Intern, Clinical Law Programs, University of Iowa College of Law: August 1984 - May 1985. Involved in litigation; conducting depositions; drafting petitions, memoranda, and motions; preparation for administrative hearings; and conducting hearings. The majority of case load involved special education and issues affecting persons with disabilities. 2 Other: Associate Editor, Iowa Law Review, Volume 70: August 1984 - May 1985. Substantive editing of student pieces; involvement in technical aspects of publication process. Part-time legal research, supervised by Philip Mears, ✓.D.: Summer 1983. Research and discovery for suit involving contracts, arbitration, and conflict of law issues. Teacher of Preschool Developmental Class, Iowa City Community Schools, Iowa City, Iowa 52240: 1978 - 1981. Teacher of Preschool Developmental Class, Washington Community Schools, Washington, Iowa 52353: 1976 - 1978. Graduate Assistant, Early Childhood Education Center, University of Iowa, Iowa City, Iowa 52242: Spring and Summer 1975, Summers 1977 and 1978. PUBLICATIONS "Legal Advocacy for Persons with Prader Willi Syndrome", Management of Prader-Willi Syndrome, Louise R. Greenswag, R.N., Ph.D., and Randall C. Alexander, M.D., Editors (Springer-Verlag, 1995). "Institutional and Community Living for Individuals with Developmental Disabilities", A Guide to the Legal Rights of Iowans with Disabilities and Mental Illnesses, (Committee for Persons with Disabilities, Young Lawyers Division of the Iowa State Bar Association, 1994 "Extended Year Special Education Programming, Part I: A Legal Analysis" (Co-author with Carroll L. Lucht), Critical Issues in the Lives of People with Severe Disabilities (Paul H. Brookes Publishing Co., 1990). "Legal Issues Related to the School's Role with Students at Risk" (co-author with Carroll L. Lucht), Students at Risk (Leadership Institute in Administration of Special Education, May 1989). "The Education for All Handicapped Children Act", National Maternal and Child Health Resource Center (1986). "Legal Issues of Confidentiality in a Centralized Case Management System", National Maternal and Child Health Resource Center (1986). (Assisted author Carroll L. Lucht), "Legal Requirements in Defining Target Populations and Eligibility Requirements (for Crippled Children's Services Funded by the Federal Maternal and Child Health Block Grant Program)", National and Maternal and Child Health Resource Center (1986). 3 "Iowa Unmarried Cohabitants Denied Recovery for Loss of Consortium", Iowa Law Review, Volume 69, Issue 3, March 1984. RELATED ACTIVITIES The ARC of Johnson County, Member, Board of Directors: July 1, 1996 - present. Alliance for the Mentally III, Member: 1995 - present. Co -Advisor, Society for Disability Law, University of Iowa College of Law: August 1992 - August 1993. Legal Consultant, Protection & Advocacy Systems, Inc„ Cheyenne, Wyoming, Anna Marie Weston, at al. us. Wyoming State Training School. et al., No. C90.0004 (D.C. Wyoming 1990): October 1990 - March 1991. Substitute Decision Making Task Force, Member: January 1990 - July 1991. Moderate I Severe I Profound Disabilities grant project, University of Iowa, Special Education Division: legal faculty for graduate level practicum students, working in conjunction with Sue Hamre- Nietupski, Ph.D., and John A. Nietupski, Ph.D.: August 1989 - present. Legal Consultant for Office of the Monitor, Homeward Bow Inc., at al. vs. Hissom Memorial Center. at al., No. 85-C-437-E IN.D. Okl. 1987) re: Quality of Life Questionnaires: May 1990. Iowa Task Force on Autism, Member, Co -chairperson of Model Programs Sub -Committee: 1988 - 1989. Sterilization Rights Committee (for persons with disabilities), Member: 1987 - 1989. The Association for Persons with Severe Handicaps, Member: 1987 - present. Iowa Protection and Advocacy Services Inc., Member, Board of Directors: September 1986 - November 1986 (resigned to accept position as staff attorney). Iowa City Crisis Center, Volunteer, Trainer, Suicide Line, and On -Call Person: 1977 - 1981. Council for Exceptional Children, Member: 1979 - present. Numerous presentations to various organizations, University classes, at workshops and conferences on disability issues, special education law, guardianships and conservatorships, and related topics. 4 ALTERNATIVE DISPUTE RESOLUTION Trainin : "Screening for and Recognizing Domestic Violence Patterns in Parties in Family Law Cases: For Mediators and Attorneys", Kristie Fortmann Doser, Director of Education, Domestic Violence Intervention Program, sponsored by Sixth Judicial District Family Mediation Program, December 5, 1997 (Screening for and mediating domestic violence issues: 3 112 hrs.). "Mediation of Workplace Disputes", Robert D. Benjamin, J.D., sponsored by Iowa Mediation Service, July 25-26, 1997 (Mediation of workplace and family law issues: 18 hrs.). "Divorce Mediation and Your Practice", sponsored by Johnson County Bar Association and Sixth Judicial District Family Mediation Program, July 11, 1997 (Issues related to divorce mediation: 3 'h hrs.). "Advanced Small Claims Mediation Training", C. Gregory Buntz, Ph.D., and Warren Reinicke, Iowa Peace Institute, sponsored by Sixth Judicial District Small Claims Mediation Program, May 17, 1997 (Advanced small claims court mediation skills: 6 hrs.). "Advanced Divorce Mediation Training", Zane Zumeta, J.D., sponsored by Sixth Judicial District and the Mediation Training & Consultation Institute, April 4.5, 1997 (Mediating modifications, dealing with impasses, and mediation and domestic violence, AFM approved: 13 hrs.). "Co -Mediation", Anne H. Tucker, sponsored by Sixth Judicial District Mediation Program, February 8, 1997 (Co -Mediation skills: 3 hrs.). "Victim Offender Mediation", Bill Eckerly, sponsored by Linn County Victim Offender Mediation Program, October 26, 1996 (Mediating victim offender cases: 8 hrs.). "Getting People to the Table" and "The Ethics of Mediation --When Being an Attorney Conflicts with Being a Mediator", Michael Thompson, sponsored by Iowa Civil Rights Commission, March 12, 1996 (Encouraging parties to attempt mediation, ethical issues: 6 % hrs.). "Preparing Litigants for Divorce Mediation", Zane Zumeta, J.D., sponsored by Sixth Judicial District, April 13, 1996 (Preparation of clients for successful mediation: 3 % hrs.). "Mediation of Family Law Matters: A Seminar for Iowa Lawyers", Harvey Harison, J.D., sponsored by Iowa State Bar Association Statewide Mediation Program, April 4 & 6, 1996 (Mediating family law matters: 12 hrs.). "Small Claims Mediation Skills Training", Ginna Booth, sponsored by Johnson County Small Claims Court Program, March 2, 1996 (Advanced small claims court mediation skills training: 7 hrs.). "Small Claims Court Mediation Training", Ginna Booth, sponsored by Sixth Judicial District Court of Iowa, January 22 & 29, 1996 (Mediating small claims court cases: 7 hrs.). "Effective Intervention --High Conflict Divorce", Janet R. Johnston, Ph.D., sponsored by Children First, December 7, 1995 (Mediating high conflict divorce issues, particularly involving children: 3 hrs.). "Advanced Divorce Mediation Skills", Peter Salem and Ann Milne, November 17, 1995 (Advanced divorce mediation skills, AFM approved: 6 hrs.1. "Divorce Mediation: 40 Hour Basic Workshop", Zane Zumeta, J.D., May 1-5, 1995 (Divorce mediation skills, including domestic violence issues, AFM approved: 40 hrs.). "Mediating Americans with Disabilities Act Complaints", Peter Maida, J.D., Sy Dubow, J.D., Marilyn Golden, sponsored by U.S. Department of Justice, April 17, 1995 (Mediating ADA claims: 6 A hrs.). "Seminar for Becoming a Professional Mediator", conducted by Alan Alhadeff, J.D., and Kimberly McCandless, J.D., sponsored by Iowa State Bar Association Alternative Dispute Resolution Committee and the Polk County District Court Mediation Program, December 5 - 6, 1994 (General mediation skills, caucus model: 15 112 hrs.)- "Small Claims Court Mediation Training", conductec by Joseph Harrison, Director, Polk County District Court Mediation Program, sponsored by Johnson County Small Claims Court Mediation Project, November 4 - 5, 1994 (Mediating in small claims court: 16 hrs.)- "Conflict Resolution: Conflict Managers Program", conducted by Lois Crane, Grant Wood Area Education Agency School Psychologist, August 8 - 9, 1994 (Mediation in schools, children and adults: 16 hrs.). "Mediation and Negotiations Training", conducted by Michael Thompson, Executive Director, Iowa Mediation Service, sponsored by Iowa Department of Education, September 27 - 28, 1993 (Mediating special education cases: 16 hrs.). "Divorce Mediation", University of Iowa College of Law, Professor Serena Stier, Fall Semester 1984 (Basic divorce mediation skills: 3 semester hrs.). Mediation Experience: I mediate professionally as part of my private practice in the areas of family law, civil rights, guardianships, and workplace disputes. Mediator for Iowa City Human Rights Commission, Iowa City, Iowa, cases involving alleged discrimination in the areas of disability, age, gender, sexual orientation, ethnicity, and race: June 1995 - present. N Mediator for Iowa Peace Institute, Grinnell, Iowa, primarily family law matters: 1996 - present. Volunteer Mediator for Iowa Civil Rights Commission, Des Moines, Iowa, cases involving alleged discrimination in the areas of disability, age, sex, creed, color, national origin, religion, and race: 1996 - present. Volunteer Mediator for Johnson County Small Claims Court Mediation Project: December 1994 - present. Mediator for Iowa Mediation Service, Cedar Rapids, Iowa, primarily family law cases: September 1994 - present. Attorney for clients in mediations available in Iowa under the Individuals with Disabilities Education Act, pre- and post -filing of appeal: November 1986 - present. Related Activities: Sixth Judicial District Mediation Oversight Committee: September 1997 - present. Iowa Attorney General's Task Force on Mediation: August 1996 - present. Mediation Advisory Committee: November 1995 - June 1996. Johnson County Small Claims Court Mediation Steering Committee: January 1994 - present. Iowa Association for Dispute Resolution (IADR): September 1997 - present: Charter member, Secretary from January 1995 - April 1996; President from April 1996 - April 1997 and April 1997 - present. "Friends of Mediation", a state-wide group of persons interested in mediation, began meeting in June 1994. 1 served on the Ad -Hoc Steering Committee that drafted by-laws for a state-wide organization. On September 24, 1994, the by-laws were officially passed and the organization, the Iowa Association for Dispute Resolution IIADR) was formed. Johnson County Bar Association Alternative Dispute Resolution Committee: July 1994 - present. Iowa City Ad Hoc Alternative Dispute Resolution Committee: January 1994 - present. Academy of Family Mediators, Member: 1995 - present. Association of Family and Conciliation Courts, Member: 1996 - present. National Institute for Dispute Resolution, Member: 1995 - present. 7 Society for Professionals in Dispute Resolution, Member: 1995 - present. Miscellaneous talks and presentations on mediation at various workshops, for organizations, University classes and conferences. Assisted Zena Zumeta as coach for small group practices during her "Divorce Mediation: 40 Hour Basic Workshop": August 19.20, 1996. REFERENCES Robin L. Cunconan-Lahr, Esquire LAHR & LAHR 4972 Medical Center Circle, Suite B Allentown, PA 18106-9692 (610) 398-2440 Rate Noblett-Feld, Esquire Clinical Law Professor 386 Boyd Law Building University of Iowa College of Law Iowa City, IA 52242 (319) 335-9023 Heather L. Shank, Esquire Human Rights Coordinator 410 E. Washington Street Iowa City, IA 52240 (319) 356-5022 it APPLICATION TO PROVIDE MEDIATION SERVICES Name: Address: Telephone: Occupation: L tjDpr M. L 101 E. CALL1C—GF ST, Su1rF ioo IoWR C li, Sow?' S?d40 A 4w ey Education: a. Degrees/Certifications 91 CITY OF IOWA CITY C4 fowl c((Er' OT i� CI�N`( G'* —t it C—CL PSYc'a:�� �t3 (i3O. Se-2 a-ifkc`-Ok T-e ��; traln�:mg Experience: Attach information indicating mediation experience and giving a narrative synopsis of relevant cases including the nature and outcome of each. See 4zch e t References: Please give the names, addresses, and telephone numbers of at least three persons who can he. contacted, either for whom you have provided successful mediation services or who can attest to your proven mediation skills and abilities. Indicate the general topic of the mediation(s) each reference person has knowledge of. t— Note: Your completed application will be kept on file with the City Attorney's Office, and will be considered when the City is selecting an individual to provide mediation services. Having an application on file does not guarantee an applicant that he or she will be selected to provide such services. 410 EAST WASMIROTOR STREET • IOWA CITY, IOWA $3340.1010 • (110) 110.1S00 0 PAX (110) 110•5009 LINDA MADISON LEVEY, ATTORNEY -MEDIATOR 103 E. College Street, Suite 300 - Iowa City, 1A 52240 - (319) 358-6690 OBJECTIVE To provide mediation services in employment, contract, property, and civil rights disputes. EDUCATION THE UNIVERSITY OF IOWA COLLEGE OF LAW J.D., 1993 CITY UNIVERSITY OF NEW YORK Ph.D., Educational Psychology/Human Development, 1981 TUTTs UNIVERSrrY MA., Child Study, 1968 RUTGERS UNIVERSITY, DOUGLASS COLLEGE A.B., Psychology, 1962 FORMAL MEDIATION TRAINING UNIVERSrTY OF IOWA Preparing Litigants far Divorce Mediation, April 13, 1996 UNIVERSrrY OF WISCONSIN Divorce Mediation, March 7-8, 1996 IOWA DISTRICT COURT, SIXTH JUDICIAL DISTRICT Small Claims Court Mediation, November 4-5, 1994 Advanced Mediation, March 2, 1996 IOWA STATE BAR ASSOCIATION - Professional Mediation Training for Lawyers, December 5-6, 1995, 15.5 CLE INDUSTRLA.L RELATIONS RESEARCH COUNCIL Mediating Employee Grievances, November 8, 1995 CENTER FOR CREATIVE JUSTICE, AmES, IOWA Victim -Offender Mediation, October 25-27, 1995 MEDIATION EXPERIENCE I have mediated more than three dozen small claims cases since December 1994. The types of disputes range from landlord -tenant, to commercial contracts, to personal injury. I do not keep a record of outcomes; however, I know that I have a high rate of settlement In addition, my ratings kv the parties are consistent(v high on measures of satisfaction, fairness, neutrality, and competence. My experience also includes attending mediation for a party I represented in an employment discrimination case. The mediator was an attorney who volunteered far the Iowa Civil Rights Commission. REFERENCES Because this is a small community and I suspect that many of the pwpk who I would give as references to attest to my proven mediation skills and abilities are also appong to provide mediation services far the City, I think there are likely conflicts of interest. ANNIE TUCIcR 220 LAFAYETTE STREET, IowA CITY, 354-1250 Annie coordinates the small claims mediation project and compiles records of the cues mediated. She most likely hat amnpikd or can compile records for each mediator which include outcomes and ratings by the parties. GINNA BOOTH, IOWA MEDIATION SERVICE, 3349 SOUTHGATE COURT S.W., CEDAR RAPIDS, IA 52404, (319) 398-4042 Ginna is the Director of the Cedar Rapids office of IMS. She was the trainer at two of the mediation trarnings mentioned above, the advanced mediation training for small claims court, and the victim -offender mediation training. LOIS CRANE, DISPUTE RESOLUTION SERVICES, 601 N. WHITE STREET, MT. PLEASANT, IA 62641, (319) 385-2659 Lois is a retired sdwol psychologist who is an experienced mediator and trainer. Weco-mediated in the small claims court program and she has attended three of the above -mentioned trainings that I attended, two small claims and the victim -offender training. F. JAMES BRADLEY BYRON G. RILEY MICHAEL K. DENNEY PATRICK M. COURTNEY DONALD G. THOMPSON KELLY R. BAIER GREGORY J. SEYFER DEAN A. SPINA JOSEPH E. SCHMALL BRADLEY G. HART WILLIAM J. NEPPL January 14, 1998 Ms. Sandra Bauer, PCRB City Clerk's Office 410 East Washington Iowa City, IA 52240 Dear Ms. Bauer: BRADLEY & RILEY, P.C. ATTORNEYS AND COUNSELORS FIRST CORPORATE PLACE 100 FIRST STREET S.W. P.O. BOX 2804 CEDAR RAPIDS, IOWA 52408-2804 TELEPHONE: (319) W3-0101 FAX: (319) 363-9824 WILLIAM T, WCARTAN MICHELE M. BUSSE JAY R. ANDREWS MAUREEN G. KENNEY VERNON P. SQUIRES PAULO. BURNS LANCE R. STAKER COUNSEL. MELISSA WEETS ANDERSON BOSTOK MASSACHUSETTS 1.800-353-2665 I enjoyed visiting with you by telephone on January 9, 1998, regarding the Board's desire to retain a mediator. The purpose of this letter is to provide you with the information that you requested. I received formal mediation training on two occasions. I received 16 hours of introductory and advanced mediation training in 1993. The instructors were Alan Alhadeff and Kimberly McCandless. I received an additional 7 hours of advanced mediation training in 1997 from Mr. Alhadeff. I have provided mediation services for a number of different attorneys, including Richard Calkins, Nick Critelli, Helen Adams, Mark Aljets, Thomas Hanson, Jeffrey Lamson, Frank Comito and William Smith, all of Des Moines; John Riccolo, Jim Powers, Gary Robinson, Al Willett, Richard Garberson, Ben Blackstock, Kevin Collins, Ed Krug, Mike McDonough, Jeffrey Taylor, and David Good of Cedar Rapids; Cynthia Scherrman, Gene Yagla, David Riley, David Dutton, and Jim DeKoster of Waterloo; Mark Fransdal of Cedar Falls; Charles Brooke of Davenport; Randy Nielsen of Mason City; and Stanley Parzen of Chicago. The types of cases that I've mediated have been varied. I've mediated construction disputes; complex employment disputes; a complex multi -party dispute involving an entity, its CEO and other parties, that included issues such as breach of contract, breach of fiduciary duty, professional negligence by an accounting firm, defamation, etc.; personal injury and automobile accident cases; real estate disputes; contract disputes; and divorce cases. Over 80 percent of the mediations I've been involved in as a mediator have resulted in settlement. Where the parties and their attorneys have willingly participated in mediation, without any sense that they are compelled to, the success rate has been higher -- nearly 100 percent. I am always confident that a case can and will settle during a mediation, unless I learn that a court has ordered mediation or one or more of the participants participates, not BRADLEY & RILEY, P.C. Ms. Sandra Bauer, PCRB Page 2 January 14, 1998 because of a genuine interest in settlement, but because they believe that they cannot refuse to participate. I have been a trial lawyer for over 20 years. During the course of my practice, I've tried criminal cases, as well as civil cases. During the past 10-12 years, almost all of my case have been civil, rather than criminal. I've tried many complex cases involving trials lasting a number of weeks. Two of the my jury verdicts included damage awards of $1,000,000 or more to my clients. I've also had extensive experience in mediation as an advocate. In fact, I became interested in becoming a mediator because of my experience with mediation as an advocate on behalf of clients. That experience convinced me that I could be successful as a mediator, and my experience over the past several years has confirmed my belief. As I discussed with you by telephone, I typically charge $160 per hour for mediation services. I normally charge mediation clients for travel time. If the Board chooses to retain me, I will agree to not charge for the time I spend traveling to and from Iowa City for mediations. There are a number of individuals providing mediation services in Linn, Johnson, and surrounding counties. Many of these people are experienced mediators,.any one of whom would be excellent candidates for this position. I hope the Board has the opportunity to interview several candidates. I look forward to the opportunity to meet with the Board to discuss the mediation challenges the position would present, my qualifications, and to answer any questions the members of the Board may have. Sincerely yours, dlc I:\ W POATA\D ENZEL\LETTER\ 14423015.44 1 / 14/98 MEDIATOR INFORMATION Name: Tucker, Annie Address: 220 Lafayette St. Iowa City, IA 52240 Available to mediate in: X Johnson Hours and Days of Week Available: Weekdays: Yes Weekends: Yes Nights: Yes As of July 25, 1996 Updated January 1997 June 1997 October 1997 Phone # (319) 354-5775_ FAX # _(319) 338-2140_ Other Phone # (319) 354-1250 X Linn X both Facilities available: # of conference rooms 2_, handicapped accessible yes, parking free on site , other Fax- copy machine Profession: Mediator Current Employment: Director, 6th Judicial District Family Mediation Progm & JQhnson Work Experience: EDUCATION Degree(s) Year Mayor Areas of Study College/Institution Bachelor 1993 General Studies Emphasis in counselling & early childhood classes. University of Iowa MEDIATION TRAINING Year # Hours Trainer/Organization 1993 14 Lois Crane/Bill Eckerly in IC 1994 14 Joe Harrison, Iowa City 1995 40 C.D.R. Assoc., Boulder, CO 1995 12 Iowa Mediation Service & Iowa Peace Institute (See next page) General yes Small Claims yes Divorce & Custody Med. yes Advanced Mediation yes TUCKER, Annie 1995 6 Center for Creative Justice, Ames 1995 6 Ann Milne & Peter Salem University of Wisconsin 1996 3 Zena Zumeta, J.D. 1996 6 Ann Milne & Peter Salem 1996 8 Ginna Booth/IMS 1996 16 Ginna Booth/IMS 1996 3 Lois Crane 1997 12 Lois Crane 1997 6 Iowa Peace Institute 1997 5 Iowa Civil Rights Commission 1997 13 Zena Zumeta, J.D. 1997 24 Academy of Family Mediators Conference 1997 30 VOMA MEDIATION TRAINING I PROVIDED 1997 24 Iowa Peace Institute (I was co -trainer) 1997 3 Burlington School District 'Victim -Offender Mediation yes Advanced divorce med. yes Preparing Litigants for no Divorce Mediation Domestic Abuse & Med. yes Small Claims, advanced yes Small Claims, basic yes Small Claims yes Small claims - basic yes Small Claims - advanced yes Civil Rights no Advanced Divorce Mediation yes Modification cases, mediation and domestic violence, dealing with impasses. Divorce mediation, related no issues: courses & coaching sessions. Victim -offender mediation yes related issues. General mediation yes Small Claims mediation 2 trainings Continuing education for paraeducators on conflict resolution. LANGUAGES spoken other than English some Japanese MEDIATION EXPERIENCE Type of Case Description of Experience Small Claims 30+Johnson Cty. Small Claims Mediation Program - 3 yrs Family 2 - stepfather -stepdaughter; mother -grandmother Couple 1 - husband -wife Agency/Neighborhood Neighbor concerns about agency presence in neighborhood City of Iowa City City & Citizen. Divorce 250cases. Temporary issues, modifications and general divorce issues including custody/visitation, property, assets, and alimony. (Cont. next page) 6 TUCKER, Annie Employer -Employee Civil Rights Victim -offender REFERENCES: Ferman Milster 2 7 + Juvenile offender victim -offender mediations: vandalism, assault, theft, etc. University of Iowa Physical Plant Manager 335-5132 Employer -employee mediation Barbara Musgrove Director, Choices Juvenile Offender 319 642-5528 Mediation Program, Iowa County MECCA, P.O Box 366 Marengo, IA 52301 She and I have co -mediated victim -offender cases. Diane Kyser Director, Community Mediation Center 319 326-5090 1202 W. Third St. Davenport,lA 52802 Employer - Former employee mediation What is your policy regarding attorney presence and/or partidpation at mediation sessions? Do not permit Permit X Explanation With both parties' agreement What is your policy regarding other third party presence and/or participation at mediation sessions? Do not permit Permit _ X Explanation With both parties' agreement FEES/CHARGES: $ 80.00 For initial meeting (1 hr. maximum) Flat Charge. $ 80.00 Per Hour $ 50.00 Per Hour for drafting documents or for non -mediation time work.