Austin Association of Mediators
Spring 2004 News
1409 W. 6th Street, Austin, Texas 78703 www.austinmediators.org (512) 476-7AAM
Wednesday, May 19th
The next general meeting of the Austin Association of Mediators is scheduled for Wednesday, May 19, 2004. Judy Corder will discuss Credentialing in Texas (it’s here already). Judy Corder is on the board of the Texas Mediators Credentialing Association, is a principal of Corder/Thompson & Associates, and is the past President of the Texas Association of Mediators. The meeting begins at noon, and lasts about one hour. DRC volunteers receive credit for one hour of continuous education. The meeting location will be at the Texas Law Center, 1414 Colorado Street. Free parking is located underground.
This column provides information about training opportunities beyond the basic 40hour mediation training.
At the Dispute Resolution Center
www.austindrc.org
Visit the DRC website listed above to register and for additional information. Select the Mediation Training tab. Times and dates subject to change.
Join us for dynamite programs, fun, fellowship, food and CE credit!
Conflict Management for Human Resource Professionals. May 18, 2004 and Sept. 21, 2004 (2 offerings). $260 ($200 for AHRMA/SHRM Members). Alice Dendinger. Advanced Family Mediation Training. July 13, 14, 15, 16, 2004; 30 hours; $545. Susan Cefai, J.D. Mediation Ethics and the Law. Aug. 9, 2004; 9 am – 12:30 pm; $125. Judy Corder and Mary Thompson. Transformative Mediation Training and Practice. Sept. 28, 29, 30, 2004; 24 hours; $425. Dr. Nancy K. Ferrell.
At the U.T. School of Law Center for Public Policy Dispute Resolution.
www.utexas.edu/law/academics/centers/cppdr/index.html
Visit the website listed above for more information.
Have you renewed your membership? If
you haven’t renewed your membership in 2004, or if you haven’t yet joined AAM, please take the time to do so now. A new, quick and simple membership form is provided on our website.
Beyond Basic Mediation and Ethical Issues in Mediation. Aug. 19 – 20, 2004. $195 for 1 day or $365 for both days (Day 1: Ethics – Day 2: Advanced Mediation). Kim Kovach. Negotiation Workshop. July 28 – 30, 2004. $395. John C. Fleming.
The Texas Lemon Law
Timothy Bargsley provided a briefing on the Texas Lemon Law at the March 24, 2004 AAM meeting. Mr. Bargsley is a Certified Master Technician in the Motor Vehicle Division of the Texas Department of Transportation (TxDOT). He is also a trained mediator. The Texas “Lemon Law” was passed by the Legislature in 1983, and is administered by TxDOT’s Motor Vehicle Division and its Motor Vehicle Board. The law’s stated purpose is to provide simpler and less expensive alternatives to litigation. It is intended to help consumers in Texas who encounter repeated problems with their new motor vehicles they have purchased or leased. The application of the Lemon Law is limited. The vehicle must have been new when bought or leased. It must have one or more serious defects that are covered by warranty and are reported within the term of the warranty. The owner must give written notice of the defects and must provide the dealer or manufacturer a reasonable number of attempts to repair the defect. The defects must persist and must substantially impair the vehicle’s use or value or create a serious safety hazard. The law provides several criteria for determining if the defect and the situation qualify the vehicle as a “lemon.”
The consequences can be substantial. If the owners claims are upheld, and the defects and circumstances qualify, the dealer or manufacturer may be obligated to replace or repurchase the vehicle, and may also be responsible for reimbursing a wide range of incidental expenses The Law provides several alternatives for resolving disputes concerning repair or replacement of a problem motor vehicle. The manufacturer may send an expert to repair the defect. If that is not done or it does not resolve the issue, TxDOT will send one of its own technical experts to help settle the dispute. These are master mechanics like Tim Bargsley, who can readily grasp the nature of the problems and their implications, but who are also trained in conflict resolution skills. The TxDOT expert works with all parties in an attempt to achieve a settlement. This is seldom accomplished in formal mediation sessions. Typically the TxDOT expert shuttles between the parties, often conducting the negotiations over the phone with each party separately. If these attempts to settle fail, the complaint will go to a formal hearing with a State Administrative Law Judge. While it is more streamlined than normal litigation, the hearing is conducted according to legal procedures, with requirements for documentation and the introduction of evidence and witnesses that many would consider demanding.
May 2004 Membership Meeting
Date: Wednesday, May 19, 2004 * Time: 12:00 to 1:15 p.m.
Location: Texas Law Center, 1414 Colorado Street * Free underground parking
Credentialing of Mediators in Texas
Judy Corder, PhD., Texas Mediators Credentialing Association; Corder/Thompson & Assoc.
Austin Association of Mediators ~ 1409 W. 6th Street, Austin, TX 78703
AAM Board Members:
Leon Barish Gaye Kopas Craig Bell Max Scheider Mark Hall John Sutton Diane Harvey Tracy Watson