6BB AN INDEPENDENT SUPPLEMENT BY MIA MEDIA & COMMUNICATIONS GROUP TO THE MIAMI HERALD MONDAY , JULY 17 , 2017
Politics
By Christopher Norwood , J . D .
In the 1800s , the widespread call for free public educa�on was a direct result of Civil War reconstruc�on efforts for freed slaves . Thus , this cemented the fact that poverty and public educa�on have always been intertwined in the American ethos . Fast forward more than 200 years , and closing the achievement gap for both poor and
Arbitration / Mediation
As the par�es and their a�orneys were signing their se�lement agreement , they were all smiling and speaking with a tone of exhaus�ve relief .
“ Who would have thought we ’ d be here ,” said one of the a�orneys .
“ I already knew where this was going ,” I said .
“ What do you mean ? What ’ s wrong with here ?” he replied . “ We ’ ve been li�ga�ng this case for three years , so trial seemed
School Choice Debate : Detrimental to Florida ? Or Blessing for Struggling Students ?
people of color is s�ll the oldest and single most challenging issue in the history of public educa�on in this country .
The Florida Legislature ’ s version of educa�on reform o�en centers around public-school choice . We can like or hate this fact , but it ' s a fact nonetheless . Un�l Democrats control the agenda , we must must come to terms with certain reali�es . Opposing school choice in Florida is detrimental . In Florida 30 percent of public school students are in some sort of public school choice program , but in South Florida the home of the two largest coun�es of Democra�c voters , that number some�mes doubles to the tune of over 50 percent . Earlier this year Beck Research released a na�onal poll that found that more than two thirds of likely 2018 voters support the idea of school choice . Eighty-three percent said they favor special-needs scholarships , 74 percent support public charter schools , 69 percent favor educa�on savings accounts and 51 percent support school vouchers .
inevitable , but we finally resolved the case and we are all here cordial and sa�sfied .”
“ Well from what I ’ ve learned , the lack resolu�on and conflict boiled down to lack of communica�on and the ambiguity in the law ,” I replied .
They all nodded and I congratulated them for not focusing on their legal arguments , instead focusing on what the par�es wanted and needed to move beyond the dispute .
Have You Heard ? You ’ ve probably heard that “ the selec�on of an a�orney is important and shouldn ’ t be considered lightly .” But do you know that the selec�on of a mediator is just as important and possibly even more difficult ? Why ? Contrary to the A�orney ’ s Oath , which includes how they are to vehemently advocate for their clients , the Florida Rules for Cer�fied and Court Appointed Mediators describes the media�on process and ethical considera�ons as ( but not limited to ), “ a neutral and impar�al third person acts to encourage and facilitate the resolu�on of a dispute without prescribing what it should
For the past several years more than half of the students in Miami-Dade County a�ended a public school that they and their families picked themselves . Today , some 60 percent of Miami-Dade public school students — around 215,000 students — enrolled in some form of choice program , including charter schools , compared to 41 percent in 2011 . Public School Choice op�ons include charter , magnet , career academies , homeschooling and other public school choice op�ons . If the 215,000-plus students a�ending public schools of choice in Miami-Dade County counted as a separate district , that district would be the third-largest in the state .
This past year , we saw a major poli�cal shi� in the Legislature . More than half of the Legislature ' s Democrats voted for HB 15 , which expanded eligibility and boosted the size of the tax credit scholarships ( akin to vouchers ) that help parents pay for private school tui�on for low-income parents and for parents with special needs children . Not
be ; their role is to reduce obstacles to communica�on .” So , a mediator ’ s role is quite different than that of an a�orney . The mediator must have and maintain the appearance of being unbiased throughout the process . This is more challenging than you might think , especially since many mediators travel within a variety of social and professional circles .
Sword-n-Shield vs Bridge-n-Brick
A�orneys are adversarial by training ; they either engage or defend within the li�ga�on context . Conversely , mediators are supposed to be peace-bridge builders and collabora�ve . Since a mediator ’ s focus is on building consensus while exploring solu�ons , they should not be primarily focused on being persuasive and li�gious .
5 Tips When Selec�ng a Mediator
So how do you select a mediator ? The following are ini�al sugges�ons you may want to consider ( this is not an exhaus�ve list ): 1 ) What Are Your Goals in Media�on ? – Manage your expecta�ons and if you only care about winning , then a mediator is not what you need . only did a majority of Democrats support vouchers , the House Democra�c Leader Janet Cruz and most of her Leadership Team voted YES ( 7 out of 10 ). Florida has the largest program in the country .
The Democrats have learned a valuable lesson from 2014 when Governor Rick Sco� doubled his share of African-American voters from 2010 , reaping 12 percent , up from 6 percent in 2014 . This is a historical fact , counter-intui�ve , but s�ll a fact . Remarkable for a candidate who had no urban agenda , except for corporate scholarships for low-income students , an issue that ’ s overlooked by Democra�c strategists who have been using the same African-American outreach strategy since the days of Mar�n Luther King . That ’ s why this recent vote on HB 15 is monumental . Republicans cannot use this issue as a wedge anymore because Democrats have finally conformed to the idea that school choice is a mainstream policy objec�ve .
An Alternative to Litigation : Selecting a Mediator ; Sword-n-Shield vs Bridge-n-Brick
By Stanley Zamor 2 ) Prepare a List of Mediators – Check referral services and networks , or by word of mouth . Those who have gone through a media�on are usually a good source . 3 ) Training , Knowledge and Research – Contact mediators on your list and ask to be sent promo�onal material illustra�ng wri�ngs that reflect skills in collabora�ve nego�a�ons . 4 ) Mediator Interviews – Have a conversa- �on with the mediator , not just their office staff . 5 ) Style and Cost – Discuss what style of media�on they use and what is their fee structure . Good Luck .
Stanley Zamor is a Florida Supreme Court Certified Circuit / Family / County Mediator & Primary Trainer and Qualified Arbitrator . Zamor serves on several federal and state mediation / arbitration rosters and has a private mediation and ADR consulting company . He regularly lectures on a variety of topics from ethics , cross-cultural issues , diversity , bullying and family / business relationships . szamor @ i-mediateconsulting . com www . i-mediateconsulting . com www . LinkedIn . com / in / stanleyzamoradr ( 954 ) 261-8600