2009_Annual_Report aug 2010.pub

NEBRASKA OFFICE OF DISPUTE RESOLUTION

Letter from ODR Director . . . . . . . . . . . . .2 Mediation Center Data Summary . . . . . . 7

Total Case Volume: 1992-2009 . . . . . . . . .2 SADR Training . . . . . . . . . . . . . . . . . . . . . . .8

Nebraska Map—Cases by County . . . . . . .3 Financial and In-Kind Resources . . . . . . . .9

Mediation Training . . . . . . . . . . . . . . . . . . .4 Parenting Act Policies . . . . . . . . . . . . . . . 10

Through the Eyes of the Child research. . 4 Parenting Act Mediators. . . . . . . . . . . . . 11

Heartland Reg’l Mediator Conference . . .5 List of Mediation Resources . . back cover

O N T H E I N S I D E

2008-2009 Annual Report

Submitted to the

Nebraska Supreme Court

Nebraska Legislature and Governor

Citizens of Nebraska

Mission:

The mission of the Nebraska Office of Dispute Resolution is

to enhance and to advance the use of mediation and ADR

(alternative dispute resolution) in courts and communities

by partnering with ODR-approved mediation centers and

others involved with ADR.

ODR Statutory Authority:

Nebraska Dispute Resolution Act, N.R.S. §25-2901, et seq. (1991)

See also Related Statutes

Nebraska Uniform Mediation Act, N.R.S. §25-2930, et seq. (2003)

Nebraska Parenting Act, N.R.S. §43-2920, et seq. (2007, 2008)

This past year has been phenomenal! Over 8,500 individuals

have chosen to work with the Nebraska mediation centers to

try to resolve their problems face-to-face, through media-

tion, rather than through fighting or litigating. In the largest

jump in nearly two decades, new mediation case numbers

increased 37% over the prior year.

Why are so many people now turning to mediation? A sig-

nificant reason is that both the public and the legal commu-

nity have increasingly understood that especially in family-

related disputes, such as divorce, parenting, family business,

and estate issues, people are often better served by using

mediation as an informal, confidential, and accessible prob-

lem-solving process.

Another reason for the increase in mediation last year is the

Nebraska Legislature’s passage of the 2007/08 amended

Parenting Act. Now all parents must submit parenting plans

describing future arrangements for their children’s well-

being, including residence, parenting time, decision-making,

and communication approaches. Mediation is encouraged

to assist parents in negotiating a parenting plan. More and

more lawyers and judges are referring parents to mediation

to create an individualized parenting plan that will specifi-

cally meet the needs of each family. The data from this past

year shows how family cases and referrals from courts to

mediation have increased (see page 7).

Additionally, as of July of 2010, all parents who haven’t sub-

mitted a parenting plan within the court’s prescribed time-

line will be ordered to try mediation. This is a way to encour-

age parents to work things out between themselves instead

of litigating issues of custody and visitation. Litigation puts

children in the middle of their parents’ potentially harmful

and negative conflict.

The court-fee based Parenting Act Fund has been invaluable

in providing resources to the ODR-approved mediation cen-

ters and the Douglas County District Court Mediation Office.

This Fund assists those court-connected groups to provide

parenting mediation to indigent and low income parents.

Dear Nebraska Citizens:

A list of qualified Parenting Act mediators as of July 1, 2009

is on page 11. An up-to-date list is maintained on the Su-

preme Court website at www.supremecourt.ne.gov/

mediation.

An equally significant use of ADR (alternative dispute resolu-

tion) in the courts is the growing use of Pre-Hearing Confer-

ence Facilitation (PHC) prior to initial child welfare removal

hearings, as well as for 12-month permanency review and

termination of parental rights hearings. This approach has

decreased the amount of time to adjudication for children

and families, which helps to speed up decisions regarding

the child’s permanency. Nebraska Health and Human Ser-

vices’ resources that fund mediation centers’ facilitators

have been invaluable to make PHCs available for judges in

juvenile court.

Mediation in small claims courts cases and in juvenile delin-

quency cases is also an active arena for mediators. Restora-

tive justice practices of holding the offender accountable

and restoring the victim to a sense of wholeness are used.

All-in-all, mediation centers have made a difference to thou-

sands of Nebraska’s residents involved in the 25,126 cases

handled since 1992 (see Figure A, below).

I invite you to read the 2008-2009 Annual Report to learn

more of the activities and progress of mediation in Nebraska.

You are welcome to contact me or media-

tion center directors for additional infor-

mation or if you have more questions

about mediation and ODR.

2  ODR

Debora Brownyard, J.D., Director

Nebraska Office of Dispute Resolution

Administrative Office of the Courts, Lincoln, Nebraska

Email: debora.brownyard@nebraska.gov

Phone: 402.471.2766

www.supremecourt.ne.gov/mediation

25,126

10000

20000

30000

Figure A: Mediation Centers' Total Case Volume

1992-2009

In his 2009 State of the Judiciary Address to the Nebraska Legislature, Chief Justice Michael Heavican

(photo, right) noted the important work that the “Through the Eyes of the Child” Initiative has been

doing in front loading the child welfare system. Front loading has reduced children’s time in foster

care and increased extended family in caring for children. Pre-hearing conferences (PHCs) are con-

vened just prior to the initial removal hearing to have the parents, attorneys, and child welfare work-

ers address critical early questions for the child. Facilitators of the PHCs are primarily staff and affili-

ates of the ODR-approved mediation centers. PHCs are held in nearly a third of all the courts across

the state, including the high volume juvenile courts in Douglas, Sarpy, and Lancaster counties. The

ODR-approved mediation centers are partners with the Initiative, having participated in training,

policy and procedure work, continuing education, and research on pre-hearing facilitation and front-

loading. In his speech, the Chief affirmed: “. . . front-loading [using pre-hearing conferences] is pro-

viding positive results around the state. Foster care numbers have been reduced. We think our Initia-

tive has been a major factor in reducing those numbers.” More information about the Initiative is

found on page 4.

Figure 1. New Mediation Cases by County (n. = 2,190)

Nebraska ODR-approved Mediation Centers, 2008-09

No cases 1-9 cases 10-50 cases 51-100 cases 101-400 cases Over 400 cases

Nebraska’s mediation centers had a significant

37% increase in mediation activity this past year,

opening 2,190 new mediation cases. During the prior year,

1,598 new mediation cases were opened. Specific details

about the types of cases and outcomes are shown on page

7. Figure 1, above, shows the distribution of the new media-

tion cases by county of requesting party. The number of

requesting parties per county closely tracks Nebraska’s

population density by county, with Douglas and Lancaster

Counties being the most numerous, served by Concord Cen-

ter and The Mediation Center, respectively. The distribution

of cases also reflects the location of rural mediation centers’

offices in Scottsbluff (Mediation West, formerly Center for

Conflict Resolution); North Platte, Kearney, Grand Island

(Central Mediation Center); Beatrice (The Resolution Cen-

ter); and Fremont (Nebraska Justice Center). Each of those

mediation centers serves a multi-county region, see map on

the Supreme Court website at http://

www.supremecourt.ne.gov/mediation/mediation-

map.shtml?sub7..

Annual case volume, shown in Figure 2, page 6, represents

the volume of active (both newly opened and carried for-

ward opened) mediation cases that the mediation centers

worked on during the program year. 08-09 totaled 2,389

cases, which is over a third more cases than the prior year’s

number of 1,765. Serving this huge influx of people was

accomplished through dedication and hard work, hours of

individual conferences and mediations with each party,

scheduling mediation sessions during the day, evenings, and

weekends, and, for the rural mediation centers, mediators

driving many miles to a convenient location to mediate with

the parties. Data reports that over 8,500 individuals were

served this year by the six mediation centers.

ODR  3

ODR 2008-2009 Report — Map of Mediation Cases

Summary of Seminars Provided by NMCA / ODR Training Institute

July 1, 2008 - June 30, 2009

Basic Mediation Training—30 hour course: 59 participants completed the course

 August 19-22, 2008—Kearney

November 11-14, 2008—Lincoln

February 5, 12, 19, 26, 2009—Omaha

June 9-12, 2009—Lincoln

Family Mediation Training—30 hour course: 41 participants completed the course

 September 16-19, 2008—Kearney

March 23-26, 2009—Lincoln

Advanced Skills Child Support Mediation Workshop—8 hour course: 7 participants completed the course

 September 20, 2008—Kearney

March 27, 2009—Lincoln

Specialized Alternative Dispute Resolution (SADR) Training —24 hour course: 35 participants completed the training

 March 9-11, 2009—Lincoln

Family Group Conferencing Advanced Seminar—8 hour course: 14 participants completed the course

 February 24, 2009—Omaha

Specialized Alternative Dispute Resolution (SADR) Seminar- 8 hour course: 31 participants completed the seminar

 January 12, 2009—Omaha

Pre-Hearing Conferencing in Child Welfare Seminar—4 hour course: 19 participants completed the seminar

 February 25, 2009—Omaha

Heartland Regional Conference of Mediators: 125 conference attendees

 April 23 and 24, 2009—Omaha



The NMCA Training Institute, Eagle, NE, in partnership

with the Office of Dispute Resolution and the ODR-

approved mediation centers, offered four 30-hour Basic

Mediation Training events and two Family Mediation

Training events at which 100 new mediators were

trained. NMCA offered several other mediator education

opportunities during the 08-09 program year, as show in

the Summary below. Efforts were made to offer the

training in key locations of Omaha, Lincoln, and Kearney,

and to provide different schedule formats. One of the

new formats is to offer the 30 hour training in one-day

increments over four successive weeks.

Mediation center affiliates and trainees accumulated

over 5,500 of contact mediation education hours during

the year. Kelly Riley, Training Manager of NCMA has pro-

vided leadership and coordination for mediator training

since 2003. Regional training involvement included the

sponsorship of the Heartland Regional Conference of

Mediators in April 2009.



 Nebraska’s Through the Eyes Initiative and the UNL

Center on Children, Families, and the Law hosted an ad-

vanced seminar on Family Group Conferencing for ex-

perienced FGC practitioners on February 24. Ms. Anita

Horner, FGC Program Director with American Humane

Association of Denver (in photo below, on right) was

lead presenter on the topics of Best Practices in FGC;

Children and Extended Family; Domestic Violence, Sexual

Abuse and Child Abuse; and Interface with the Child Wel-

fare System.

 Kelli Hauptman, J.D. and Dr. Victoria Weisz presented

an advanced seminar on Pre-Hearing Child Welfare Con-

ferences in Initial Removal Cases on February 25 for ex-

perienced mediation center-affiliated court facilitators.

 Preliminary research on the effectiveness of Prehear-

ing Conferences (PHCs) was conducted in Adams, Clay,

Dawson, Fillmore, Madison, Nuckolls, Scotts Bluff, Sew-

ard, and Webster counties. Early findings noted in-

cluded:

 cases that used PHCs adjudicated about a month

faster than cases that did not

cases that used PHCs had shorter time

frames between adjudication and disposition

(about one week)

total time between the filing of the petition to

disposition was about 5 weeks faster for cases that

used PHCs

This research supports the goal of helping children to

achieve permanency sooner by reducing court time.

Mediation Training and Continuing Education; Research 2008-2009

Kelly Riley, NMCA Training Institute Manager (l) and national

trainer, Anita Horner, American Humane Association (r)

4  ODR

Mediation Training Child Welfare Mediation Education & Research

“Mediation: Stepping Up to the Plate” was the theme

of the 08-09 biennial four-state mediation conference

held in Omaha on April 23 and 24, 2009. It was spon-

sored by the Nebraska Mediation Center Association

(NMCA) with partners including The Werner Institute,

Creighton University; Association of Missouri Media-

tors; Heartland (KS/MO) Mediators Association; Ne-

braska Office of Dispute Resolution; and the University

of Missouri School of Law. Over 125 mediators from

Nebraska, Iowa, Missouri, Kansas, and surrounding

states attended.

Keynote presenter Bernard Mayer, PhD, Resident

Professor of Conflict Resolution, Creighton University

School of Law’s Werner Institute, presented on the

topic of Staying with Conflict: The Art of Engagement

and the Challenges of Enduring Disputes. Keynoter

Kenneth Cloke, JD, LLM, PhD, President of Mediators

Beyond Borders, presented on How Mediators Can

Help Save the Planet and The Crossroads of Conflict: A

Journey into the Heart of Dispute Resolution.

Session topics included Mortgage Negotiation, Grief

101 for Mediators, Mediating the Commercial Lease

Dispute, Ethical Practice for Family Mediators, The

Family Business System: Understanding Roles and Ap-

preciating Differences, Collaborative Practices in Child

Welfare Cases, and Hate Hurts: Recognizing Hate and

Managing Its Effects When Mediating or Facilitating. A

special session for Nebraska’s family mediators was

Children at the Center: How Domestic Abuse, Media-

tion, Voices for Children, and Family Law Collaborated

to Create a New Parenting Act.

Nebraska district court judges Paul Korslund and John

Samson and county court judges Curtis Evans and Ken-

neth Vampola participated on a panel about the courts

using mediation. Some of the points included:

“mediation has cut the court docket by at least a

fourth; I couldn’t handle the volume without it;” and

“mediation worked in a highly contentious divorce

case, with the parties exclaiming it was the best court-

connected experience they ever had.” Mediation cen-

ter directors Jane Martin-Hoffman, Nebraska Justice

Center, Fremont; Judy Pingel, The Resolution Center,

Beatrice; and Casey Karges, The Mediation Center,

Lincoln were part of the dialogue with the Nebraska

judges.

A special event open to all Nebraska mediators was

hosted at the end of the conference as a “mediation

association-building” forum. Over 50 mediators at-

tended the one-hour session in which there was an

overwhelming consensus to create a Nebraska Media-

tion Association. Mary Lee Brock with the Werner In-

stitute (and former Concord Center director) and ODR

Director Debora Brownyard facilitated the forum.

Nebraska Judges Kenneth Vampola, Curtis Evans, John Samson, and

Paul Korslund presented a panel discussion at the Heartland Con-

ference about mediation and the courts, with an emphasis on par-

enting act mediation and prehearing conferences.

A state-level panel of mediation directors at the Heartland Conference

discussed mediation for pro se litigants, mortgage foreclosure, di-

vorce, and other civil cases. Panelists included: Art Thompson, Kansas

Office of Dispute Resolution; Mike Thompson, Iowa Mediation Ser-

vices; and Debora Brownyard, Nebraska Office of Dispute Resolution.

The 2009 Heartland Regional Conference of Mediators, Scott Conference Center, Omaha.

Round table dialogue focusing on a mediation association for Ne-

braska’s mediators. Participants included mediators from a variety

of backgrounds, including law, social work, ministry, public policy,

health administration, academia, and education.

ODR  5

Casey Karges, The Mediation Center,

Lincoln

Figure 2. Cumulative Total Case Volume 1992-2009

Recognition for Nebraska’s Mediation Center Directors — ODR 2008/2009 Report

The success and worth of any public service is due to the leadership and innovation of those who are committed to the vision and mis-

sion of the endeavor. Helping people engage in constructive conflict and solve problems effectively, peaceably, and locally is what these

six leaders—mediation center directors shown below– are all about. Each of these individuals are themselves experienced mediators

who also have the focused expertise as non-profit leaders, working with administration, funding, volunteer and affiliated mediators,

community outreach and education. They work long hours for modest pay, all in the effort to make a difference for Nebraska’s citizens,

communities, and courts. Executive Directors of the six ODR-approved mediation centers are shown below, clockwise from top center:

Judy Pingel, The Resolution Center, Beatrice; Jane Martin-Hoffman, Nebraska Justice Center, Fremont; RaeAnn Schmitz, Mediation

West, Scottsbluff; Lynne Favinger, Central Mediation Center, Kearney; Mary Lee Brock, Concord Center, Omaha; and Casey Karges, The

Mediation Center, Lincoln.

Judy Pingel, The Resolution

Center, Beatrice

Jane Martin-Hoffman, Nebraska

Justice Center, Fremont

Mary Lee Brock, Concord Center,

Omaha (In early 2009, Ms. Brock left

to take a position with the Werner

Institute. Ms. Cindy Tierney is the

new executive director.)

Lynne Favinger, Central Media-

tion Center, Kearney (with offices

in North Platte and Grand Island)

Rae Ann Schmitz, Mediation

West, Scottsbluff (formerly Center

for Conflict Resolution)

500

1000

1500

2000

2500

3000

Figure 2.

Mediation Centers' Annual Case Volume

1992-2009

2,389 cases

6  ODR

Executive Summary: The Nebraska

Office of Dispute Resolution is

pleased to present the 2008-2009

Mediation Center Data Summary of

the six (6) regional non-profit ODR-

approved mediation centers.

Since 1992, the mediation centers’ com-

bined cumulative case volume is 25,126

cases. (Fig. A, p. 2) During this past pro-

gram year annual case volume was 2,389

cases (see Figure 2, p. 6).

Figure 3, Mediation Case Types

shows that in 08-09 the highest percent-

age of cases mediated were family cases,

comprising 55% or 1,308 cases overall.

This continues a long-standing trend of

increasing numbers of mediation of par-

enting plans, divorces, and family dis-

putes .

Court-based facilitation of pre-hearing

conferences (PHC) in juvenile neglect and

abuse cases is the second highest case

type at 19% or 463 cases. These are re-

lated to the Supreme Court’s Through the

Eyes of the Child Initiative teams. Family

Group Conferencing (FGC) amounted to

202 cases. In both FGC and PHC, primary

goals include achieving permanency, in-

creasing connections between the child

and safe, extended family members and

decreasing the time the child is in the

foster care system.

Mediation of community cases com-

prised 14% or 341 cases statewide. A

significant portion of these community

cases are mediation of small claims court

disputes.

Restorative justice facilitation involves

working with victims and offenders in a

restorative, rather than retributive fash-

ion. Offenders are held accountable for

their wrong-doing, including restitution

and apology, in a process that is sensitive

to victims’ concerns and addresses com-

munity safety. While comprising just 3%

of the caseload, 75 cases were success-

fully facilitated between victims and of-

fenders.

Figure 4, Referral Sources shows the

percentages for the four primary referral

sources. Following the trend over the past

few years, referrals from courts continue

to grow. During the 08-09 program year,

nearly 54%, 1,178 cases, were court-

referred.

Another large source of referrals (17%) is

from attorneys. Combined with courts,

over 70% of the cases are those con-

nected with active legal proceedings. This

tracks with the high numbers of family

and parenting plan mediation cases and

prehearing conferencing facilitations.

Just over a quarter, or 27% of all referrals

come from parties themselves or their

attorneys, amounting to over 475 cases.

This shows a continuing interest of people

wanting to informally resolve problems

themselves. Included as referral sources

are family members, friends, and return-

ing mediation clients.

Figure 5, Center Case Volume reflects

the distribution of cases among the six (6)

ODR-approved mediation centers. Highest

is Central Mediation Center, Kearney,

serving 35 counties, with 560 cases. Con-

cord Center serving Douglas and Sarpy is a

close second with 536 cases. Third is The

Mediation Center serving Lancaster

County with 466 cases. The other three

rural centers serving large geographical

areas are Nebraska Justice Center, Fre-

mont, with 382 cases; The Resolution

Center, Beatrice, with 303 cases; and Cen-

ter for Conflict Resolution (now Mediation

West) Scottsbluff, with 142 cases.

Figure 6, Percent Resolved reflects

that during this program year, 83% or

1,218 of mediated cases reached resolu-

tion. This rate reflects the high quality

work that the ODR-affiliated center me-

diators provide to Nebraska’s citizens.

Affiliated mediators must meet Ne-

braska’s ODR Mediator Standards and

Ethics, and parenting mediators must also

adhere to the Nebraska Standards and

Ethics for Family Mediators .

ODR 2008-2009 Report — Mediation Center Data Summary

Att'y

(380)

Self/

Other

(291)

Gov't

Agency

(337)

Courts

(1,178)

Concord

(536)

CCR

(142)

CMC

(560)

TRC

(303)

TMC

(466)

NJC

(382)

Figure 3. Mediation Case Types 2008-09

Figure 5. Center Volume 2008-09

Figure 6. Percent Resolved 2008-09

Family

(1,308)

Res.Jus

(75)

Facil.

(463)

FGC

(202)

Cmnt'y

(341)

Figure 4. Referral Sources 2008-09

Resolved

83%

Not

Resolved

17%

ODR  7

Implementation of the Parenting Act— ODR Report 2008/2009

A three-day specialized ADR (SADR) training was held March 9-11, 2009 in Lincoln. Nearly 40 family

mediators attended this statutorily-required training, held at Southeast Community College. The goal was to

teach experienced family mediators how to work with high conflict families and parents involved in domestic

intimate partner abuse. The Nebraska Domestic Violence Sexual Assault Coalition, the Office of Dispute Resolu-

tion, the Douglas County District Court Conciliation and Mediation Office, The Mediation Center, Central Media-

tion Center, the NMCA Training Institute, and private family psychologists and family

lawyers collaborated to develop the curriculum and deliver the training. Topics included

Mediation and Conflict Theories; Domestic Intimate Partner Abuse; Family Systems; Indi-

vidual Private Session; Role of SADR Practitioner; Statutes and Policies; Children’s Inter-

ests; Unresolved Parental Conflict; Personality and Cognitive Disorders; Substance Abuse;

Power; Parenting Plans and Communication Protocols; SADR Practitioner Process and

Skills. Presenters included Lorin Galvin, Glenda Cottam, David Hubbard, Debora Brown-

yard, Robert Sanford, and Suzanne Curran Carney.

Lorin Galvin, J.D., (photo, right) Director of Douglas County District Court Con-

ciliation and Mediation Office presents communication protocol ideas for

mediating with high conflict parents that can help reduce the child’s exposure

to negative parental conflict.

A one-day specialized alternative dispute resolution (SADR) seminar for mediation for experienced

mediator practitioners was held January 12, 2009. About 30 parenting mediators from across the state con-

vened in Omaha at the Archdiocesan

Conference Center for continuing me-

diator education on the practice of

working with couples in which high con-

flict or domestic abuse had been identi-

fied. Dr. Laura Dendinger, J.D.,

(standing, photo left) Associate Profes-

sor, Wayne State College and affiliated

family mediator with Nebraska Justice

Center, led the seminar’s topics on the

updated Nebraska Standards and Ethics

for Family Mediators; the IPS (individual

private session); SADR (specialized alternative dispute resolution) process and communication approaches; par-

enting plans; and other practitioner questions.

Mediators discuss family mediator ethics in SADR

(specialized ADR) cases. L-R: Susan Martinez,

Scottsbluff; David Hubbard, Lincoln; Casey Karges,

Lincoln; Katie Welsh, Lincoln/Omaha; Suzanne

Carney, Grand Island; Dick Stafford, Norfolk; Rae

Ann Schmitz, Scottsbluff.

8  ODR

ODR  9

37%

17%

15%

13%

12%

Contracts

ODR

Grants

Case Fees

P.Act Fund

Training

Donations

Misc.

Concord Center, Omaha

58%

11%

10%

3% 3% 0%

45%

12%

10%

17%

11%

4% 0% 1%

Central Mediation Center, Kearney

29%

15%

23%10%

13%

1% 0%

The Mediation Center, Lincoln

Mediation West, Scottsbluff

27%

18%

28%

20%

0% 6%

33%

25%

11%

13%

15%

3% 0% 0%

Nebraska Justice Center, Fremont The Resolution Center, Beatrice

17%

36%

24%

18%

1% 0% 2%

2008-09 Mediation Center Revenue Sources—$1,588,277 Total

Statewide Average Percentages

Each of the six ODR-approved mediation centers serve a specific region of the state, and serve those counties’

residents, businesses, communities, and courts. Each of the mediation centers are Nebraska nonprofit organiza-

tions, with local boards of directors, staff, and affiliated mediators, many of whom volunteer their time and ex-

pertise. As nonprofit organizations, they balance their budget through a variety of revenue sources and efficien-

cies in controlling expenses. During the 2008-2009 program year, their combined revenues amounted to over a

million and a half dollars: $1,588,277. Contracts with private and public agencies amount for the highest percent-

age of average revenue: 37%. Grants and case fees amount to 28% of the mediation centers’ revenues. The Ne-

braska Supreme Court, through the Dispute Resolution Fund and the Parenting Act Fund, is the source for 17%

and 12% of revenues, respectively. A small percentage of revenue (6%) is from training, donations, and miscella-

neous sources. Cumulative volunteer mediator time amounted to over 6,350 hours which conservatively

amounts to nearly $100,000! Volunteer mediators represent a wide spectrum of backgrounds: therapists, law-

yers, ministers, businesspeople, educators, counselors, legislators, and farmer/ranchers. See the legend below for

each center’s proportionate revenue source.

ODR 2008-2009 Report — Mediation Centers Leverage Financial and In-Kind Resources

MEDIATOR TOWN AFFILIATION_____

Adam, Peggy. Odell TRC

Albert, Paula Omaha DCDCMS

Artzer, Ceri * Sterling, CO CCR

Bartlett, Sarah* Scottsbluff CCR

Beethe, Marian Tecumseh TRC

Bergquist, Kay* Lincoln TMC

Bingham, Shereen Omaha Concord

Blumkin, Christina Omaha DCDCMS

Booth, Kimberly* Omaha DCDCMS/Private

Borchers, Elizabeth* Omaha DCDCMS

Branch, David* Dubois TRC

Brinkman, Judy* Cook TRC

Brown, James* Lincoln TMC

Brownyard, Debora* Lincoln TMC

Bruning, Mary* Lincoln TMC

Cottam, Glenda* Papillion DCDCMS

Dart, Carol Kearney CMC

Davis, Ann Walsh* Bellevue DCDCMS

DeMott, Lynn* Omaha Concord

Dodge, Wesley Omaha DCDCMS

Edmonds, Laura* Beatrice TRC

Einspahr, Janet Norfolk NJC/Private

Evans, Marleen Omaha DCDCMS/Concord

Favinger, Lynne* Minden CMC

Fees, Lynne T. Omaha DCDCMS/Private

Florian, Elizabeth* Hastings CMC

Fowler, Brandie* Omaha DCDCMS

Galvin, Lorin* Omaha DCDCMS

Garvey, Joan Omaha DCDCMS/Concord

Gittins, Jody Wahoo TRC

Gordon, James* Lincoln TMC/Private

Gorham, Marcia Bellevue Private

Hanson, Bryan Omaha Concord

Harvey, James* Lincoln TMC

Hespen, Kathleen* Beatrice TRC

Hubbard, David* Lincoln TMC

Jacobs, Robin Omaha Concord

Johnson, Marshall* Norfolk NJC

Karges, Casey* Lincoln TMC

Katelman, Lynn Omaha DCDCMS

Kelley, Patricia* Omaha DCDCMS

Kelly, Brendan Omaha Concord/Private

Koerber, Cyndy* Fremont NJC

Approved Parenting Act mediators discuss mediator

ethics and mediator practice in divorce and high

conflict cases. L-R: Patricia Kelley, Omaha; Jane

Martin-Hoffman, Fremont; David Hubbard, Lincoln;

James Gordon, Lincoln; Catherine Saeger, Fremont.

MEDIATOR TOWN AFFILIATION_____

Leise, Lisa Omaha Concord

Lindemeier, Robert* North Platte CMC/CCR/Private

Liska, Diana Papillion Concord

Loncke, Kim Omaha Concord/Private

Martinez, Susan* Scottsbluff CCR

Martin-Hoffman, Jane* Fremont NJC

Meerkatz-Schuetze, Heidi North Platte CMC

Miranda, Arturo* Omaha DCDCMS

Moshman, Ann Omaha DCDCMS/Private

Musselman, Randy Lincoln TRC

O’Brien, Janet* Beatrice TRC

O’Hanlon, James* Lincoln TMC

Orr, Robin Omaha DCDCMS

Petersen, Linda* Omaha Concord

Pingel, Judy* Beatrice TRC

PytlikZillig, Lisa* Lincoln TMC

Rademacher, John Kearney Private

Reefe, Patrick* Gretna DCDCMS/Concord/Private

Reyes-Covalt, Patricia* Kearney CMC

Riley, Kelly Eagle TMC

Riley, Mary Omaha Concord

Ryberg, Ruth Omaha Private

Saeger, Catherine* Fremont NJC

Schaefer, Linda* Omaha DCDCMS

Schmitz, Rae Ann* Scottsbluff CCR

Schultz, Luke* Lincoln TRC

Shaul, James* Bellevue DCDCMS/Concord/NJC/Private

Soto, Rosa* Omaha DCDCMS

Stafford, Richard* Norfolk NJC

Stewart, Janet* Fremont NJC

Story, Grant* Omaha DCDCMS/Concord/Private

Swartzendruber, Lucas Hebron TRC

Thayer, Lisa Grand Island CMC/Private

Tierney, Cindy* Omaha Concord

Truttmann, Beverly Bellevue DCDCMS/Concord/Private

Vest, Rick* Ashland TRC

Walters, Matt Lincoln TMC

Weiss, Gary* Omaha DCDCMS/Private

Welke, Paula* Long Pine NJC/CMC

Zabin, Harold* Omaha DCDCMS/Private

Note: An asterisk (*) next to a mediator’s name indicates that he/she is a trained

facilitator in Specialized Alternative Dispute Resolution (SADR).

List of Nebraska State Court Administrator - Approved Parenting Mediators— July 1, 2009

A current list of approved Parenting Act mediators is located on the Nebraska Supreme Court website at: http://www.supremecourt.ne.gov/

mediation/approved-p-act-list.shtml.

Key to abbreviations: CCR (Center for Conflict Resolution, Scottsbluff, now known as Mediation West); CMC (Central Mediation Center, Kear-

ney); Concord (Concord Center, Omaha); DCDCMS (Douglas County District Court Mediation Services, Omaha); NJC (Nebraska Justice Center,

Fremont); Private (Private practice mediators); TMC (The Mediation Center, Lincoln); TRC (The Resolution Center, Beatrice).

10 ODR

Implementation of the Parenting Act—Mediator Approval

Implementation of the Parenting Act—Mediator Standards and Ethics; Approval Policy

Policy for Approval of Parenting Act Mediators Adopted by State Court Administrator. As

directed by the Parenting Act, Neb. Rev. Stat. §43-2940, the State Court Administrator approved a Policy for

Parenting Act Mediators on October 31, 2008. The policy has three sections: (I) Approval of Mediators; (II)

Training and Education; and (III) Mediator Status and Grievance Process. Section II Training and Education con-

tains three parts: Training, which describes required training, curriculum learning objectives, core values, train-

ing methodology, training program approval; Apprenticeship, which includes minimum standards and the role of supervisory

mediators; and Continuing Mediator Education (CME), which requires mediators to have eight hours of CME every two years.

The Policy is on the Supreme Court website at: http://www.supremecourt.ne.gov/mediation/mediation-rules.shtml?sub7.

Nebraska Family Mediator Standards and Ethics Approved by ODR Advisory Council. On October 30,

2008, the ODR Advisory Council voted to approve new standards and ethics that apply to all family mediators practicing under

the Nebraska Parenting Act. The Project Team (below) submitted its recommendations to the Advisory Council, having

adapted the 2001 Model Standards of Practice for Family and Divorce Mediation, approved by the AA

House of Delegates and the Association of Family and Conciliation Courts (AFCC). Its three primary goals

are: (1) to serve as a guide for the conduct and practice of Parenting Act and family mediators; (2) to

inform mediating parties about mediation practice; and (3) to instill public confidence in the mediation

process. The document includes the following definitions and is located at: http://www.supremecourt.ne.gov/mediation/pdf/

Standards_and_Ethics_Revised_10-31-08.pdf.

  Definition of Mediation: Mediation is a confidential process of dispute resolution in which one or more trained impartial

neutrals assists the participants without coercion or the appearance of coercion to define and clarify issues and interests, reduce

obstacles to communication, explore possible solutions, and where desired, reach a mutually satisfactory agreement. Party self-

determination is a core value of mediation, in which the decision-making authority rests with the participants themselves.

 General Principles: Mediation is based on principles of communication, negotiation, facilitation, and the technique or

method of solving problems. It emphasizes:

Party self-determination;



The needs and interests of the disputing parties;



Fairness and merits of the issues as defined by the parties;



Procedural flexibility;



Privacy and confidentiality;



Full disclosure.

Nebraska Mediator Standards and Policy Project Team convened in June 2008 and four subcommittees worked

through October of that year to submit recommendations for the Parenting Mediator Approval Policy and Standards and Eth-

ics to the ODR Advisory Council and the State Court Administrator. Dedicated and hard-working members of the steering com-

mittee were: Laura Dendinger, Wayne; Carl Eskridge, Lincoln; Alan Frank, Lincoln; Paul Galter, Lincoln; Lorin Galvin, Omaha;

Casey Karges, Lincoln; Debora Brownyard, Lincoln; Patricia Kelley, Omaha; Linda Sanchez-Masi, Lincoln; and Rick Vest, Ash-

land. The Project Team included the following high caliber group of professionals:

Lynn Anderson DeMott, LCSW, LIMHP, Omaha

Marian Beethe, Program Administrator Lincoln

Kay Bergquist, Mediator Lincoln

Shereen Bingham, Prof. of Communications Omaha

Kimberly Booth, Attorney Omaha

James Brown, LIMHP Lincoln

Mary Bruning, Mediator Lincoln

Mike Burns, Attorney Hastings

Suzanne Carney, Program Dev. Director Grand Island

Jan Einspahr, Attorney Norfolk

James Gordon, Attorney/ Mediator Lincoln

James Harvey, Mediator Lincoln

David Hubbard, Mediator / Program Dir. Lincoln

Ramona Hunt, MC, MS Omaha

Hon. John Icenogle, District Court Judge Kearney

Hon. Patricia Lamberty, District Court Judge Omaha

Susan Martinez, Mediator / Case Mgr Scottsbluff

Jane Martin-Hoffman, Mediation Exec. Dir. Fremont

Ann Moshman, Attorney Omaha

Jan O’Brien, Mediator Cook

Lisa PytlikZillig, Mediator Lincoln

Patrick Reefe, Mediator Gretna

Kelly Riley, Training Institute Manager Eagle

Hon. Patrick Rogers, District Court Judge Norfolk

Hon. John Samson, District Court Judge Fremont

Rae Ann Schmitz, Mediation Exec. Dir. Scottsbluff

Jim Shaul, Mediator Omaha

Dick Stafford, Attorney Norfolk

Beverly Truttmann, Owner / Mediator Bellevue

Gary Weiss, Mediator Omaha

Reginald Young, Attorney Omaha

ODR 11

B. Nebraska Office of Dispute Resolution-approved Mediation Centers

Mediation West, Scottsbluff

(formerly, Center for Conflict Resolution) 800.967.2115

info@conflictresolutioncenter.com 308.635.2002

Rae Ann Schmitz, Executive Director

Arthur, Banner, Box Butte, Cheyenne, Dawes, Deuel, Garden, Grant, Hooker, Keith, Kimball, Morrill, Scotts Bluff, Sheridan, Sioux

Central Mediation Center, Kearney* 800.203.3452

info@centralmediationcenter.com 308.237.4692

Lynne Favinger, Executive Director

Adams, Blaine, Buffalo, Chase, Clay, Custer, Dawson, Dundy, Franklin, Frontier, Furnas, Garfield, Gosper, Greeley, Hall, Hamilton, Harlan, Hayes,

Hitchcock, Howard, Kearney, Lincoln, Logan, Loup, McPherson, Merrick, Nuckolls, Perkins, Phelps, Red Willow, Sherman, Thomas, Valley, Webster, Wheeler

Concord Center, Omaha* 402.345.1131

contact@concord-center.com

Cindy Tierney, Executive Director

Douglas and Sarpy Counties

Nebraska Justice Center, Fremont 866.846.5576

jmarhof@qwestoffice.net 402.753.9415

Jane Martin-Hoffman, Executive Director

Antelope, Boone, Boyd, Brown, Burt, Cedar, Cherry, Colfax, Cuming, Dakota, Dixon, Dodge, Holt, Keya Paha, Knox, Madison, Nance, Pierce,

Platte, Rock, Stanton, Thurston, Washington, Wayne

The Mediation Center, Lincoln 402.441.5740

info@themediationcenter.org

Casey Karges, Executive Director

Lancaster County

The Resolution Center, Beatrice 800.837.7826

trc@bvca.net 402.223.6061

Judy Pingel, Executive Director

Butler, Cass, Fillmore, Gage, Jefferson, Johnson, Nemaha, Otoe, Pawnee, Polk, Richardson, Saline, Saunders, Seward, Thayer, York

* In English and En Español

ODR Advisory Council Members (2009)

Members: Term Expires

Carl Eskridge, Chair, Lincoln 12-11

John Ballew, Lincoln 12-10

Michael Baumfalk, Beatrice 12-11

Hon. Michael Offner, Hastings 12-11

Prof. Alan Frank, Lincoln 12-11

Michael Mullin, Omaha 12-12

Prof. Arthur Pearlstein, Omaha 12-12

Michael Pirtle, Omaha 12-10

Hon. John Samson, Fremont 12-12

Carrie Sheldon, Grand Island 12-11

John Slowiaczek, Omaha 12-10

Ex Officio Members:

Jane Martin-Hoffman, Fremont 12-10

Lynne Favinger, Kearney 12-09

Nebraska Supreme Court Liaison:

Justice Mike McCormack

Nebraska Office of Dispute Resolution

Administrative Office of the Courts

521 South 14th Street, Suite 200

Lincoln, NE 68508

Debora Brownyard, Director

E-mail: debora.brownyard@nebraska.gov

Phone: 402.471.2766

Fax: 402.471.3071

www.supremecourt.ne.gov/mediation

A. Douglas County District Court:

Douglas County Conciliation and Mediation Office*: District Court-based mediation office in the Hall of Justice,

1701 Farnam Street, 1st floor, Omaha. Lorin Galvin, Director. 402-444-7168; www.dc4dc.com/conciliation/

Nebraska’s Court-Connected Mediation Resources