http://spider.lloyd.com/~fdelmer/ (World Wide Web Directory, 06/1995)
"The search for peace is worth the effort, no matter how formidable the obstacles might be. One of the most formidable obstacles of all can be the continuing conviction of one or both sides that they might still win the war."
Jimmy Carter, Talking Peace, A Vision for the Next Generation
To provide individuals, families, businesses, and the judiciary with a non-adversarial dispute resolution program based upon cooperation, understanding, self-responsibility, mutual respect in a non-judgmental and neutral forum that is facilitated by trained, professional PEACEMAKERS©.
PEACEMAKERS© employs a conflict resolution method that is cooperative rather than competitive in an informal and neutral environment. Our method ensures that all parties have their rights and interests protected in order to reach a mutually satisfactory and lasting resolution of the dispute.
Negotiation
Conciliation
Mediation
Neutral Facilitation
PEACEMAKERS© is presently a sole proprietorship operated by Fred Delmer. Originally started by a members of the El Dorado "Peace Community" in 1990-1991, it managed to celebrate the first Mediation Week in El Dorado. One of its founders, a Professor of communications and Conflict resolution teamed up with attorney/mediator Fred Delmer to create the current policies and procedures. PEACEMAKERS© is accredited by the California State Bar to provide Mandatory Continuing Legal Education Credits and has Certified individuals as mediators through its courses in mediation and negotiation.
If you want to contact PEACEMAKERS©, there are a number of ways:
Business Address: Mail: P.O. Box 1570 Diamond Springs, Ca. 95619
Face to Face by Appointment Only: 589 Main Street, Placerville
Telephone Number:
Toll Free: 1-800-PEACEMAKERS© (1-800-732-2362);
Fax/Modem: 916-626-0226 (Call voice first)
E-Mail Address: fdelmer@spider.lloyd.comInternet World Wide Web Page: http://www.el-dorado.ca.us/~fdelmer
PEACEMAKERS© is creating bylaws and articles of incorporation for non-profit status and is looking for protential members to serve on its board. Fred Delmer will act as the first executive director and chair the board through formation stages. Currently PEACEMAKERS© is operating as a for profit business.
Peace
Peacemaking-
Peacemaker
conciliation
Mediation
Conciliation
Negotiation
Mediator
Neutral
Facilitator
See Peacemaking terms
Alternative Dispute Resolution--A phrase, known by the acronym "ADR", that has been adopted by Courts and dispute resolution organizations to mean a resolution of conflicts and disputes without formal adjudication whether or not the dispute has reached the Court. It is a catch all phrase that has confused the peacemaking process by including in its description methods of resolving disputes whereby the "neutral" makes a decision or suggests a resolution. ADR, like peacemaking, has the goal of reducing court congestion, enhancing access to justice, and strengthening the capacity of communities and neighborhood to resolve conflicts before they reach the courts. ADR terms are as follows:
We acknowledge the value and worth of the American judicial system; however, the tremendous volume of civil and criminal cases that it attempts to process has reached crisis proportions; thus delaying settlement and prolonging the associated stress and anxiety. Furthermore, the traditional resolution process relies on litigation, a combative process that shatters relationships and brings discord and disharmony to communities and alienates people from taking responsibility for resolving their conflicts.
We believe that justice can be achieved with processes that are neither litigious nor adversarial in nature and where the emphasis is on achieving just and durable agreements based on mutual satisfaction of the interests of all participating parties.
As conflict resolution professionals, we at PEACEMAKERS© are supportive of measures designed to reduce settlement delay and we are prepared to offer objective, equitable, prompt and reasonably priced alternatives to litigation. The alternatives are conciliation and mediation.
The fundamental premise underlying the processes we offer is mutual respect. We have the skills to facilitate understanding of the interests and concerns of all parties to a dispute; if needed, we have the skills and abilities to help the parties discover a mutually beneficial agreement. When mutual understanding and conflict resolution have been achieved, we believe that the parties will no longer see each other as adversaries.
As applied to civil disputes, conciliation is a process of "first resort" for resolving conflicts. It is voluntary and informal and places emphasis on establishing mutual understanding of the interests and concerns that prompted the dispute. Often, this is sufficient for conflict resolution. We conduct the conciliation session with each party separately and/or together as indicated by the situation.
If the parties understand each other and want further assistance in reaching a mutually satisfactory settlement, we offer the process of mediation.
The State Bar of California defines mediation as "a voluntary, private and informal way to discuss problems and reach agreements." We are also "objective." We are guided by a strict code of ethics regarding our personal involvement in any case we mediate, and we have developed a method of remaining neutral during the process -- we neither take sides nor do we offer substantive suggestions. Our focus is on a specific and active process that allows the parties to formulate mutually acceptable agreements.
1. The Request for Services. Any party or parties to a dispute may initiate conciliation or mediation services by filing with PEACEMAKERS© a Request for Services Agreement pursuant to these rules along with a filing fee of $300.00. Parties are encouraged to share this expense. Prior to scheduling the conciliation/mediation additional fees for the mediator must be paid in advance. These fees range from $50 to $200 per hour per party depending on the complexity, and the size of the mediation team required (multiple party cases are adjusted on a case by case basis). In the absence of an Agreement by all parties, an initiating party may request PEACEMAKERS© to invite the other party or parties to join in an Agreement. Upon receipt of such a request, PEACEMAKERS© will contact the other party or parties and attempt to obtain approval of the Agreement. The Agreement contains a brief statement of the nature of the dispute and the names, addresses, and telephone numbers of all parties to the dispute and those who will represent them.
2. Appointment of Conciliator or Mediator. Upon receipt of a signed Agreement and a deposit of the appropriate fee, PEACEMAKERS© will appoint a qualified mediator or a conciliator to serve. Normally, a single conciliator will conduct the conciliation session. If mediation is considered appropriate, PEACEMAKERS© will appoint a mediation team of trained, tested and qualified professionals.
3. Objectivity of Mediator or Conciliator. No person shall be selected to serve as a conciliator or on a mediation team in which he or she has a personal or financial interest in the settlement. Prior to accepting an appointment, the conciliator/mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt meeting and resolution of the dispute.
4. Representation. Any party may be represented by persons of their choice who may or may not be attorneys at law.
5. Time and Place of Mediation or Conciliation. The conciliator will meet with each party individually and in person or by telephone and, if necessary, will arrange a group meeting with all parties to the dispute at the offices of PEACEMAKERS© or at a location that is mutually convenient. The mediator will fix the time of the initial mediation session at the offices of PEACEMAKERS© or at a location that is mutually convenient.
6. Privacy. Conciliation and mediation sessions are private. Only the parties and their representatives may attend, although upon mutual agreement by all parties, permission may be granted to others.
7. Confidentiality. All conflict resolution sessions conducted by PEACEMAKERS© are strictly confidential. This rule not only protects the participants from subsequent litigation but encourages disclosure of information that is critical in a durable agreement. Confidentiality is defined in the Evidence Code and the pertinent sections are reprinted in the Confidentiality Agreement.
8. Records of Proceedings. Unless the parties specifically agree in writing to the contrary, there will be no stenographic record of the conciliation or mediation proceedings.
9. Authority of Conciliator or Mediator. The conciliator or mediator has no authority to determine right or wrong, guilt or innocence, and has no authority to make a decision for the parties, to impose a resolution of the dispute or to make a suggestion or recommend settlement options. The skill of the conciliator or mediator is embodied in the process of interest-based problem solving.
10. Termination of Conciliation or Mediation. Conciliation or mediation shall be terminated when the parties have arrived at a mutually satisfactory agreement and may be terminated at will by any party to the dispute or by the mediator/conciliator by giving written notice to each party and to PEACEMAKERS©.
11. Exclusion of Liability. Neither PEACEMAKERS© nor any conciliator or mediator provided by PEACEMAKERS© shall be liable to any party for any act or omission in connection with any conciliation or mediation conducted under these rules.
©1995 PEACEMAKERS©, Fred H. Delmer, J.D. Updated April 24, 1995
© Copyright 1995 PEACEMAKERS© and Fred H. Delmer
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© Copyright 1995 PEACEMAKERS© and Fred H. Delmer All rights reserved
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