Life & Law

Alliance Peacemaking: Conflict Coach

I have benefited immensely from the alternative conflict resolution training offered by Alliance Peacemaking. Even though I am already a certified Family and Divorce Mediator in Kentucky, I have sharpened skills, gained insights, and adopted some effective approaches through the training that enhance my practice. The first level training is available and beneficial to everyone, whether or not they wish to become a mediator; anyone wishing to improve communication, relationships, and their spiritual walk. I am now a certified Conflict Coach through Alliance Peacemaking. This means I am qualifited through the Christian & Missionary Alliance to provide that first level ...
Read More

MEDIATION is a COST SAVER

I recently published an article detailing some of the impending budget cuts for the Kentucky courts entitled "Mediaiton is the Future". As the cost of litigating conflicts rise ever higher to society and litigants, mediation offers substantial cost savings in resolving those very same conflicts. Mediation makes the resolution of disputes among individuals, within families, within businesses and organizations, between businesses, and with employees within financial reach. I am doing my part in the cost savings offered by mediating conflicts. It is important to me that even people with tight finances are able to access mediation. Therefore, I offer a sliding ...
Read More

MEDIATION is the FUTURE

The Kentucky court system experienced substantial funding cuts back in 2008. According to Chief Justice Minton, those cuts dramatically reduce the overall budget of the court system by 49% since that time. Despite this, Kentucky courts continued on with minimal staffing. In some counties, court dockets are so backed up that it takes several months for a trial to be set. No wonder judges routine order parties into mediation! The budget from the Kentucky House of Representatives proposes cutting an additional $36.3 million dollars next year and $40.6 million for the year after that. Those are huge cuts that will only ...
Read More

MEDIATION is not LITIGATION

Perhaps the most common misunderstanding about mediation is that it is only a part of the litigation process. In fact, many attorneys see it as a necessary nuisance that is commonly court ordered by a judge in a lawsuit before that judge will schedule a trial. This perspective becomes quite apparent in the mediation session when the attorney seems more intent on issuing ultimatums and threatening to just end the session than on getting at the issues and possible resolutions.  However, mediation is not litigation. Litigation is the formalized process of putting claims for various sorts of relief, usually monetary, ...
Read More

MEDIATION is not ARBITRATION

In a recent conversation I became aware that there remain many misconceptions about mediation. I hope to address few of those in this and the following posts. In this particular conversation with some community leaders, they were surprised that mediation is not the same as submitting your claims to a third-party who decides the outcome for you. They knew it was not the same as going before a judge or jury, but the still understood it as having an outside decision maker. That is not mediation, it is arbitration. Arbitration has become increasingly popular among businesses. In nearly any contract ...
Read More

Litigation Disillusionment

Any family law practitioner who has handled at least a handful of divorces has encountered the situation where the actions of the person they represent confounds them. What often stymies the lawyer is that their client seems determined to spend hundreds or thousands of dollars to secure some item that has a monetary value far less than the cost of litigation. It is the proverbial fight over the $10.00 toaster. To the husband or the wife, this results in mounting tension or frustration towards their attorney because they just do not get it. This is the point where many attorney ...
Read More
Troutman & Napier, PLLC