Ku’ikahi Mediation Center: August Events

  • Thursday, August 10, 2017: Ku’ikahi Mediation Center presents COMMUNICATING NEEDS TO FAMILY & SERVICE PROVIDERS: A Workshop for Caregivers of Adults (age 60+). Facilitated by Elizabeth Kent, this workshop takes place from 8:30 am to 12:30 pm in Hilo (also being offered on Friday, August 11 in Kona via West Hawai’i Mediation Center). Caring for an older adult is all about communication. You need to talk with them about the changes in their lives-health, finances, living situation, legal documents, and more. And you need to talk with family members and service providers about changing roles, making decisions, and shifting responsibilities. People can be sensitive and defensive about these issues. In this interactive workshop, learn some powerful communication tools that mediators use to promote understanding. Topics include: careful listening to discover why something is important to another person; the importance of “how” a message is said as well as “what” is said; verbal and non-verbal components of messages; and how to ask effective questions and keep conversations focused. Suggested contribution is $20. For more info, call Majidah at 935-7844 x 3 or email majidah@hawaiimediation.org.(Click here to View the Event Flyer)
  • Thursday, August 17, 2017: Ku’ikahi Mediation Center hosts the “Finding Solutions, Growing Peace” FREE BROWN BAG LUNCH SERIES. Held monthly on Third Thursdays from 12:00 pm to 1:00 pm at the Office of the Prosecuting Attorney at 655 Kilauea Avenue in Hilo. Each month an invited speaker presents a different topic. Attendees are encouraged to bring their own lunch, enjoy an informal and educational talk-story session, and meet others interested in “Finding Solutions, Growing Peace.” Free and open to the public. For more info, call Majidah at 935-7844 x 3 or email majidah@hawaiimediation.org.

Two Workshops for Conflict Resolution Professionals by Timothy Caminos

September 25, 2017
1132 Bishop Street, Room 601
Honolulu, HI 96813

Session 1: 3:00pm-4:30pm

Personal Branding for Today’s Practitioners and Facilitators

Personal branding is important when looking for a job, starting a business, or changing careers. This presentation provides tips and techniques to help define your personal brand.

In this Workshop, you will learn how to build and promote the online and ‘offline’ elements of your brand and how to effectively represent both your company and yourself while talking to potential clients.

You will takeaway the following:

  • Ways to identify and articulate what differentiates you from the rest
  • Understand your unique strengths and brand key words
  • Build an impactful and positive online presence
  • Effective networking techniques to promote your brand

Session 1 flyer

Session 2: 5:00pm-6:30pm

Your Secret to Break-Away Success

“What You Need to Know about Creating a Lean Start Up Business”

 In this workshop you will learn several essential principles that you must practice as an entrepreneur throughout your business life if you are to achieve maximum success. During this presentation, Tim will give you the “down in the trenches knowledge” you need to succeed and will cover some of the fundamentals of what you need to do in order to thrive!

  • You will learn the following:
  • Business Plan
  • Financial Model
  • Sales Pitch

*** Both sessions will be recorded and made available to registered attendees. ***

Session 2 flyer

About the Presenter:

Tim Caminos is a Hawaii based entrepreneur, owner and Chief Executive Geek at SuperGeeks, an IT & securities company and has interests in RankHI, a digital marketing agency, BitHut.com, a premium website hosting service, BizGym.com, business strategy software and LeiHut.com, an online store of Hawaii products. With over fifteen years experience in strategy, business development, and alliance building, he has helped those he works with achieve their goals and break through the marketplace. Tim has been featured in a wide variety of local media outlets, including Pacific Business News, Honolulu Star Advertiser, Hawaii News Now, KHON2, KITV4, KGU Business Talk, Hawaii Reporter, Think Tech and more.

Price for both Sessions:

$25 for ACR Hawaii members

$40 for Non-members (includes ACRH membership through 2018)

Register today!

 

Free training: 2017 Hawai‘i Uniform Family Law Arbitration Act

Wednesday, September 6, 2017

Noon-1:30pm

Ali‘iolani Hale, Conference Room 101

417 South King Street, Honolulu, Hawai‘i 96813

The Uniform Family Law Arbitration Act, Act 113, 2017 Hawaii State Legislature, authorizes the use of arbitration to resolve certain family law and child-related disputes. The new law holds wide-ranging potential to change many aspects of current family law practice.

Come and benefit from the insights of a distinguished panel of family law and conflict resolution practitioners as they highlight the more salient points of this brand new measure!

Panelists:

Elizabeth Kent

Honorable Michael Town (Ret.)

Jim Hoenig

Thomas D. Farrell

About the Panelists

Register

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Co-sponsored By:

Hawaii State Judiciary Center for Alternative Dispute Resolution

Hawaii State Bar Association – ADR Section

Mediation Center of the Pacific upcoming trainings and events

By the Mediation Center of the Pacific:

Aloha Mediators,

We hope you are all having a wonderful summer; mahalo for continuing to mediate despite your busy schedules! We wanted to let you know that there are a few more trainings and events scheduled for this year, including:

FACILITATION TRAINING – MCP Volunteers Only
Saturday, August 12 – 9:00 a.m. to 5:00 p.m.

MEDIATOR BROWN BAG – MCP Volunteers Only
Wednesday, September 20 – 12:00 p.m. to 1:00 p.m.

ADVANCED MEDIATION TRAINING – 3-day Training Open to the Public
Thursday, November 2, 9:00 a.m. to 6:00 p.m.
Friday, November 3, 9:00 a.m. to 6:00 p.m.
Saturday, November 4, 5:00 p.m.

MEDIATOR BROWN BAG – MCP Volunteers Only 
Wednesday, November 15 – 12:00 p.m. to 1:00 p.m.

VOLUNTEER RECOGNITION & HOLIDAY GATHERING – All Mediators & Supporters
Friday, December 8 – 11:30 a.m. to 1:30 p.m.

Seating for the trainings are limited so if you are interested, be sure to sign up right away!

Any mediators interested in becoming involved with our Kupuna Pono program should sign up for the Facilitation Training, even if you haven’t had the chance to take Elder or Family Conference Training yet. This training will be conducted at the University of Hawaii and we will be sending out additional details soon.

Please let us know if you have any questions!

Mahalo,

The MCP Team

The Mediation Center of the Pacific, Inc.

245 N. Kukui Street, Suite 206

Honolulu, Hawaii  96817

Ph: (808) 521-6767 | Fax: (808) 538-1454
Email: 
mcpadmin@mediatehawaii.org

Website: www.mediatehawaii.org

Training on Business Success and Divorce Mediation by Dr. Saul Larner, Ph.D., LL.M., MBA

Maui County Business Resource Center

Maui Mall, 70 E. Ka’ahumanu Avenue, Kahului, HI 96732

Noon, July 14, 2017 

By Dr. Saul Larner:

One of the most complicated issues in divorce pertains to Business Succession.  Unfortunately, it is the least area of divorce which is brought to  mediation.  Today with the complications in business succession and the changing tax rules, this is an area which the legal profession must pay attention to and  consider mediation as a logical and effective alternative.

We begin with an introduction as to the problems and importance of mediation which face clients in the areas of business succession and divorce.  We then discuss why one should consideration in consideration of the fact that Hawaii is a distributive state.

Following this are substantive and finite points exhibited in order to be most effective in mediation in this area.  Featured are The Larner Pyramid and The Larner Grid.  These graphic illustrations highlight the protocol for mediation and how this method of dispute resolution is clearly impartial.  The methodology used in transiting from a collaborate approach to a more directive approach to accelerate the potential to bring the matters to an earlier conclusion.

We then discuss the procedures. We start with the importance of the pre-nuptial and post-nuptial agreements.  Emphasized is the importance of having a business evaluation prepared and what the reasons are.  Following this are alternative tax structures and other considerations.

The basic seminar will end with a short question and answer session.

After the general audience leaves, there will be a 30 minute additional session to facilitate the requirement for a  2 hour cle credit for those who have remained.  Following this, I will after the short question and answer period remain to answer additional questions which is often lengthy. However, this will not enter into the time calculations for the two hour total.

During this 30 minute period, we will use the 3 page handout furnished by Wells Fargo bank and discuss visually the nuts and bolts of Business Succession.

This is a timely topic and of interest to the Maui attorneys and family business owners who comprise a large segment of the population.

Dr. Saul Larner will lead this presentation. He is the founding director of Dispute Resolution Collaborative, a Hawaii LLC. He has several certifications as a divorce mediator and has had a number of books published as well as bar association CLE credit courses.  He was the mediator for the $50,000,000 Robert Taylor Ranch in Los Angeles.  His firm is just opening a branch in Maui.  He can be reached at (310)868-4840, (808)649-8318 and his email address is RESOLVED@splarner.com.  His website is www.settlementisanart.com

Mediators and Facilitators: Free Reflective Practice Event

Talk Story IV: Reflective Practice

July 27, 2017

Hosted by The Hawai’i State Judiciary Center for Alternative Dispute Resolution

Co-sponsors: The Association for Conflict Resolution-Hawai’i, the ADR Section of the Hawai’i State Bar Association, The Matsunaga Institute for Peace and Conflict Resolution, The Mediation Center of the Pacific

Connecting Theory to Practice for Intentional Application of ADR Tools 

5:30 pm Registration & Pupus • 6:00 pm – 7:30 pm Storytelling 

Hawai’i State Judiciary Center for Alternative Dispute Resolution 417 South King Street, Room 101 (Plenty of Metered Parking Free after 6 p.m.)

After a short hiatus, Talk Story is back. We are anxiously anticipating our next meet-up where conflict resolution professionals, and eager up-and-comers, discuss practice and theory. The informal gathering is intended to allow for reflection, feedback (and likely a few laughs) on anything from process to client behavior, to self-care. Participation is flexible. Seasoned and new practitioners are welcomed.

Connecting Theory to Practice This next Talk Story will be a rigorous peer-to-peer evaluation of tools and timing in ADR practice. Real-life cases, or real possible scenarios, will be shared to start a deliberative discussion on timing, circumstances, party and attorney personalities, and why “gut instinct” is not always our best guide. The focus of discussions will be on more intentional application of our tools, including examples of reflective practice tools and their benefits.

Seating is limited to 25. Must RSVP: Call Memory Tanuvasa (808) 539-4237 MEDIATORS & FACILITATORS: COME TO SHARE EXPERIENCES, IDEAS AND EVEN A FEW LAUGHS. 

See the flyer

Free Webinar: Should HR Professionals Mediate Internal Workplace Disputes?

Webinar sponsored by Mediate.com & Virtual Mediation Lab

July 12, 2017 – 6:00 am Hawai‘i time

ACR Hawai‘i members are invited to attend this one-hour free webinar.
Should HR Managers Mediate Internal Workplace Disputes?
By participating in this webinar, HR professionals and workplace mediators will be able to:

1. Describe the SHRM ((Society for Human Resource Managers) competency as it pertains to conflict management and mediation;

2. Define the circumstances when it is appropriate for HR professionals to mediate employee relations disputes themselves, and when they should employ a professional workplace mediator; and,

3. List easy to implement tips on how to intervene in conflict without taking sides, all in a manner that promotes harmony.

About the Presenter, John Ford: John Ford is an experienced workplace mediator based in California who has successfully mediated hundreds of workplace disputes. He is the author of Peace at Work: The HR Manager’s Guide to Workplace Mediation and founder of The HR Mediation Academy. In addition, John has provided soft skills training to thousands of employees at all levels in the workplace, across a wide range of industries. John teaches negotiation at UC Hastings School of Law, mediation to graduate Business and Psychology students at Golden Gate University, and organizational collaboration online through Creighton University.

He is a past president of the Association for Dispute Resolution of Northern California (ADRNC), and was the managing editor of www.mediate.com from 2000 to 2011. Currently, he is a member of the Association for Conflict Resolution, ADRNC, the Society for Human Resource Managers (SHRM) and Northern California Human Resource Association (NCHRA). John is the current trainer of a two-day Mastering Workplace Mediation seminar for members of NCHRA. He also teaches a longer version of this course online through The HR Mediation Academy.

Article on “The Sale-Leaseback with the Right of Repurchase” by Saul Larner, Ph.D., LL.M., MBA

The Sale-Leaseback with the Right of Repurchase

by Dr. Saul Larner, Ph.D., LL.M., MBA 

An effective tool for the mediator to use when bringing a settlement agreement to a conclusion.

In divorce, there are usually too many financial needs that are still present when the money runs out. No one has come up with a solution, and everyone thinks that there is no solution unless there is a significant lifestyle change, which neither party is willing to accept. As divorce professionals, we spend significant time at the drawing board without giving up hope prior to meeting with our clients pointing out that we recognize that they have explored their options. Then we give them one more potential solution for them to evaluate.

From the real estate perspective, there are many variables, and we must evaluate the possibilities from many perspectives. What are the priorities, and what do we need to do to get there? We are going to discuss one case where the goals, needs, hopes, and wishes of a divorcing couple were able to become part of a settlement agreement with few regrets later, and brought them unexpected peace and harmony.

Strategy requires thought, creativity, and planning, and I equate it with the words of Shakespeare. I follow these words in every mediation preparation I encounter.

“We first survey the plot, then draw the model;

And when we see the figure of the house,

Then we must rate the cost of erection,

Which if we find outweighs ability,

What do we do then, but draw anew the model.”

William Shakespeare, King Henry 1V, Part 2, Act 1, Scene 3

Case History

Joe and Sally decided to get divorce, mainly because of infidelity. As with most divorces, the main conflict is with the division of the home.

The first step for the mediator is to explain to Joe and Sally that the mediation isn’t based only on dollars and cents, but will also be based on more important issues, including meeting financial goals. We are also mediating peace and peace of mind. The mediator must make the client understand that focusing on the numbers will not work and will be counterproductive, as they will spend all of their money on legal fees. Their child would suffer both financially and emotionally if this continues. So, here is my strategy to help Joe and Sally reach “happily ever after.”

A real estate broker tells Joe and Sally, “Your house is worth $1,200,000. If you sell it now, you won’t have to worry about variable rate interest kicking in. If you sell it for less, then maybe Joe can reduce his alimony. There is a risk that there will be a downturn in the market.”

With the above circumstances, it would be unlikely that either Sally or Joe would feel that they received a square deal, and even if the case were to be settled, they would remain enemies, which would create even more friction in bringing up their son.

The value assigned to the house by a real estate broker was not high enough for the needs of the divorcing couple to become a reality.

One effective strategy is for Joe to give Sally a quitclaim deed in exchange for her not receiving alimony and child support payments. The mechanism is explained below and almost any judge would sign off. Of course, one cannot negate child support, but this issue can be worked around with the proper paperwork showing that child support payments are provided for in a different form.

Here is how this strategy works. If one enters into a sale with a leaseback to the property and adds the words, “with the right of repurchase,” then the IRS considers it a financing device rather than a sale, and it is not a taxable event (sale-leaseback with the right of repurchase). This also means that the tax assessment cannot be raised, as a sale wasn’t recognized by the IRS.

Joe quitclaims the house to Sally in lieu of alimony and child support (though the child support is protected by assignments). Sally sells the property and leases it back from the new owner on terms which are very inviting to both parties.

Let’s analyze what the parties are trying to accomplish.

Joe can walk away free of alimony and child support. He and his new girlfriend can continue to live the good life because Joe will not have these payments. Further, his girlfriend will leave him if he has support payments pending. In addition, she has an even nicer house than he has.

Sally will be able to live in the same house with a cash reserve, no rent, and also an income stream. This is because the terms of the sale involve a monthly annuity payable to her by the new investor/buyer. She places her cash received into securities which are stable and give her an income stream and draws down systematically to cover her living expenses.

This allows her to achieve her goals. Her son may continue to attend the same school, and she can continue to live with her friends. She can remain in her home where she is comfortable. She has greater financial security in that she has no concern about Joe shirking his responsibilities and spending child and spousal support money on his new girlfriend. She is now able to move on with her life, going to law school and then buying a condo or perhaps into a new relationship which she can meet her goals more easily.

This strategy allowed both spouses to achieve their personal goals. Moreover, because there was nothing left to argue about and they both compromised to reach a solution, they became civil to one another, which was a benefit to their son. Another benefit was that they both became more flexible with the visitation schedule.

Yes, there are other ways to positively resolve the cash crunch issues, such as a reverse mortgage, a collateralized monetization, a 1041 exchange, and others. A good divorce professional would evaluate all of the logical alternatives. However, with the other methods, there would have been less room for flexibility. Further, changes in the lives of the spouses may bring a wish to change the capital structures, and with the sale-leaseback with right of repurchase this is much easier.

In this case, this approach is the best one to maximize the ability to design a settlement agreement where both parties’ hopes and wishes become realized.

About the Author

Dr. Saul Larner is the founding director of SP Larner Global Dispute Resolution who specializes in complex real estate and divorce mediation matters. He has a global presence and he can be reached at 310.867.4840 or at his website www.SettlementIsAnArt.com.

(Dr. Larner recently joined the Association for Conflict Resolution, Hawai’i Chapter and requested that this article be published.  By publishing this article, the Association for Conflict Resolution, Hawai’i, makes no recommendation regarding its applicability to any specific cases.)

Attention Mediation Center of the Pacific Mediators: Space available for Accelerated Divorce Mediation Training

From the Mediation Center of the Pacific:

Good Morning Fellow Mediators,

We wanted to inform you that we still have space available for The Mediation Center of the Pacific’s upcoming Accelerated Divorce Mediation Training scheduled for June 16, 17, 23 & 24.   Please note that the training will be conducted from 1:00 p.m. – 6:00 p.m. on both Friday, June 16 and Friday, June 23, and from 9:00 a.m. – 5:00 p.m. on both Saturday, June 17 and Saturday, June 24.

Click here for the PDF Flyer and Registration Form.  The training fee is waived for our current volunteers; should you be interested in wanting to register for this training, we ask that you submit the completed registration form and return it either by email to mcpadmin@mediatehawaii.org or by fax (808) 538-1454 no later than Monday, June 5th.

Remember!  Seating is limited and Advanced Registration is Required. 

This Friday, May 19, 2017 – Opening Statements…and Beyond: A Strategic Approach to Mediation – A Workshop by Gerald Clay, Esq.

May 19, 2017, 1:00 – 4:00 PM
Hawai’i Supreme Court Conference Room,
Ali’iolani Hale, 417 South King Street, 2nd Floor
Honolulu, HI 96813

     In relationship-based disputes, beneath the facts presented to the mediator lie a host of other unstated issues (the res) that the parties bring to the mediation. A successful resolution may depend upon identifying and exploring these issues. This Workshop will examine strategies and techniques to identify the unstated issues beginning with the Opening Statement. Scenarios of disputes, including complex, multimillion-dollar, relationship-based conflicts and family disputes will be considered.

Jerry Clay
Jerry Clay believes that virtually all problems arising out of relationships should be mediated before the parties consider the legal system. Trained as a commercial mediator in 1984, he has written a book and published many articles proposing a change of society’s mindset to “THINK MEDIATION FIRST”. He has mediated over 1,000 matters, both large and small and along the way has developed innovative techniques and strategies which he gladly shares with colleagues.

REGISTER ONLINE

Sponsored by the Association for Conflict Resolution-Hawai‘i; Co-sponsored by the Hawai‘i State Bar Association-ADR Section, the Mediation Center of the Pacific, and the Hawai‘i State Judiciary Center for Alternative Dispute Resolution