mediation negotiations with lancaster county jan 4 2007

Subject: Lancaster County & Mediation From: Stan Caterbone ([email protected]) Sent: Thu 1/03/08 1:23 PM To: Esterbrook, Mark ([email protected]) Cc: [email protected]

Bcc: FBI, Field Office ([email protected]); Owens, Bill ([email protected]); Owings, Lisa ([email protected])

Mark, You do understand that I am very interested in having all of the misconduct and illicit behavior at the beset of Lancaster County Employees mediated?

I hope that you take the time to defend some of those activities in preparation for mediation. Trust me, wrongs will be righted. Did you read the quote today from your future District Attorney? It was quite timely and on the money.

I should trust that I am not the exception to the rule, at least anymore. Do you understand me?

"I don't think anybody's going to tell you that I'm lenient on crime," said Stedman in an office he's decorated with pictures of 19th-century battle scenes. "You hear talk

about criminal rights all the time. Well, there's an even greater right, and that's the right of life,

liberty and to live crime-free." Craig Stedman, Lancaster County District Attorney Elect

January 3, 2008 Lancaster Intelligencer Journal

Intelligencer Journal January 3, 2008 New DA offers more than one column can say Even-handed outlook Fighting smart Attorney Robert Beyer at trial belabored a point about a missing .22-caliber slug. He sought to persuade jurors that just because police failed to find a spent bullet didn't mean his client lied about shooting someone after being shot at first. Beyer raised the possibility that police didn't use a fine enough screen when sifting soil for the bullet. He successfully established, he thought, that the slug could have fallen through.

Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

Advanced Media Group Page 1 of 20 January 4, 2008

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"I went home that night with the wind in my sails," Beyer recalled. The next morning, he was crestfallen. Prosecutor Craig Stedman overnight had contacted the state trooper who did the sifting. The trooper arrived from Pittsburgh and showed jurors the screen. There was no way a slug would slip through. Beyer could only shake his head. Beyer recalled the courtroom setback when I asked him about Stedman, a 43-year-old Bucks County native who will be sworn in Friday as Lancaster County's new district attorney. "He's so thorough," Beyer said, "it's unbelievable." Detective Lt. Kent Switzer of the city's violent crime unit has a similar opinion, having worked at Stedman's side on countless cases. Citing his work ethic, legal knowledge and investigative insights, Switzer said, "Without a doubt Craig is the most tenacious and hard-working prosecutor I've had the privilege of working with." Stedman ran unopposed in the GOP primary and general election, having secured the backing of fellow assistant district attorneys and two police organizations. In 16 years in the DA's office, Stedman gained a reputation as a hard-nosed prosecutor of high-profile defendants such as Landon May, now on death row for the torture and murder of an Ephrata couple.

"I don't think anybody's going to tell you that I'm lenient on crime," said Stedman in an office he's decorated with pictures of 19th-century battle scenes. "You hear talk about criminal rights all the time. Well, there's an even greater right, and that's the right of life, liberty and to live crime-free."

But Stedman also made clear he's not a one-dimensional prosecutor fixated on locking up people and throwing away the key.

"There are some evil people who are going to commit crimes no matter what ... and we'll deal with them," Stedman said. "But the prosecutor's job is not to win the maximum verdict and maximum sentence in every single case. It's about doing the right thing for the right reasons."

The goal, as Stedman sees it, is a safer community. Jailing the incorrigible is one tool, but just as important are education and crime-prevention strategies.

"I don't want to be just reactive," Stedman said. "I want to be proactive." Stedman sees his office working with groups such as the Lancaster Community Safety Coalition and James Street Improvement District, which are trying to create a safe environment conducive to economic development.






A district attorney talking about economic development? "It shows how smart he really is," said Beyer, a former prosecutor who mentored Stedman 16 years ago. "You don't often get a DA with his sense of jurisprudence." Stedman is respected as a crime fighter. As DA he sees himself also becoming a problem solver.

"What we have to do is fight smart," he said, and that's why he's open to new ideas -- from starting a mental-health court to targeting nuisance rental units. "There's no magic bullet," Stedman said, "but the long-term solution is certainly not 'locking 'em all up.' The long-term solution is getting people to buy into the community and choosing not to offend."

One column can't do justice to all Stedman has to say. Look for more on Friday.

Advanced Media Group Stan J. Caterbone www.amgglobalentertainmentgroup.com Visit Our Blog For Journey of a Whistleblower Visit Our Blog For Research Into ESP - Mental Telepathy & The U.S. Governments ctivities Visit Our Video Biography Notice and Disclaimer: Stan J. Caterbone and the Advanced Media Group have been slandered, defamed, and publicly discredited since 1987 due to going public (Whistle Blower) with allegations of misconduct and fraud within International Signal & Control, Plc. of Lancaster, Pa. (ISC pleaded guilty to selling arms to Iraq via South Africa and a $1 Billion Fraud in 1992). Unfortunately we are forced to defend our reputation and the truth without the aid of law enforcement and the media, which would normally prosecute and expose public corruption. We utilize our communications to thwart further libelous and malicious attacks on our person, our property, and our business. We continue our fight for justice through the Courts, and some communications are a means of protecting our rights to continue our pursuit of justice. Advanced Media Group is also a member of the media. Reply if you wish to be removed from our Contact List. Number 7.

Subject: RE: Visit and Mediation Agreement Date: Thu, 3 Jan 2008 10:52:12 -0500 From: [email protected] To: [email protected]; [email protected]

Stan,

I trust your holiday was a good one! Sorry it took so long to get back to you, but most folks here were on vacation the past two weeks. Mr. Grays email response is timely and appropriate given my discussions with internal counsel. I will refrain from any legal advice, as that would be highly improper. However, I believe Mr. Grays offer below is your best venue. The Lancaster Mediation Center performs








services directly related to your specific mediation request to myself in December. Unfortunately, I am unable to provide those services to you and was unable to find another avenue for you to pursue from my office. I wish you well in your mediation efforts. It was pleasant meeting with you!

Best Regards,

Mark

Mark Esterbrook County Administrator Lancaster County Commissioners 50 North Duke Street PO Box 83480 Lancaster, PA 17608-3480 717/299-8300 717/293-7208 (fax)

From: Lancaster Mediation Center [mailto:[email protected]] Sent: Wednesday, January 02, 2008 4:28 PM To: Stan Caterbone Cc: Esterbrook, Mark Subject: Re: Visit and Mediation Agreement

Dear Mr. Caterbone,

It was unclear why you sent us a copy of your correspondence with Mr. Esterbrook with the above subject along with a copy of the Lancaster Bar Association Mediation Agreement for its ADR Program. We do conduct mediations. I would be pleased to talk with you about our service if you would like. Please let me know if that is what you want.

In peace,

Grayfred B. Gray

Lancaster Mediation Center, 225 W. King Street, Lancaster, PA 17603, Phone 717-293-7231, Fax. 717-390-7783, [email protected] , www.lancmed.org

Lancaster Mediation Center (LMC) is a 501(c)(3) non-profit organization. Contributions are tax deductible as provided by law. A copy of the official registration and financial information of LMC may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement.










January 4, 2008 Dear Mr. Caterbone: I have not read the detailed materials that you sent the Center before today because we aim to protect your privacy. We do not need to know about the details of the dispute for you to decide whether we can help you. That is the first decision we need from a potential client. If you need to meet with me to talk about whether to mediate, I can arrange that. I hope this letter will give you the information you need to make that decision on an informed basis, but please call if you need any further information. We mediate all kinds of disputes, including disputes between private citizens and government. Mediation does not involve an investigation and is the opposite of a trial or arbitration because the people involved decide the solution. Mediation does not result in findings or judgments. Consequently if you meet with me, you will not need to bring papers about what has happened. Here is how we work in mediation. Mediation is under the protection of a Pennsylvania statute, which provides that the mediators and staff cannot testify as to what was said in their mediation work and documents prepared for and used in the mediation cannot be subpoenaed. That creates a confidential setting in which the clients can speak freely, and the mediators and staff will have no further involvement in the dispute if it is not resolved in mediation. There are narrow exceptions to the statute, which you can read at 42 Pa. C.S. (Consolidated Statutes) 5949. We provide a team of two professionally trained mediators to work jointly at all times on each dispute. Each of them will be cleared for conflict of interest before being assigned to the dispute. Occasionally we will have a third mediator observe the session and, if called for, help the mediators who are co-mediating. The mediators job is to be neutral and impartial at all times and to serve their clients, who are all the people involved in the dispute. Mediators help their clients figure out what is best for themselves in dealing with the dispute. What the clients decide does not have to satisfy the mediators. Mediators help each client think clearly and effectively about their needs in the dispute and then communicate clearly to the others in the dispute. Mediators do not judge their clients or their clients' disputes. The mediators do not give any kind of advice, including legal advice. Clients may have lawyers with them in mediation if all clients agree. The job of the lawyer in mediation at the Center is not what you see in a trial on TV. The lawyer is present to advise or provide information to the client. The lawyer may speak in the mediation but usually only the clients talk because they are the ones who are to decide what to do. Lawyers in mediation do not interrogate people. The client's role in mediation is to share information and to figure out what is best for themselves. Mediation is accomplished by working through several stages. First the co-mediator team meets with all the clients and learns first hand from them what the dispute is about. Second the mediators help the clients decide what problems need to be resolved for the dispute to be over. Third the clients, with the help of the mediators, identify a number of possible ways to solve each of the problems. Fourth the mediators guide the clients in a careful evaluation of each of the options for solution. As they work through the options, sometimes new problems and options emerge that are then worked on. Usually during this stage an agreement develops that they are satisfied resolves the dispute.















Fifth the agreement is written unless the clients agree that they do not want it written. The agreement is carried out and the dispute is over. While most of the time the mediation sessions include all clients, there is the possibility of clients meeting separately with the mediators in a private session. Anyone can ask for such a session during the process. That is how the mediation process works at the Center. When the clients work with the support of the mediators, over 80% of the time the clients resolve the dispute to their own satisfaction. Mediation is voluntary. Agreeing to mediate does not obligate you to reach an agreement that resolves the dispute. If you decide that you want to mediate, the next question will be whether others in the dispute agree to mediate. If you decide that mediation is something that could be helpful to you, your next decision will be where you want to get mediators. You are aware of the Lancaster Bar Association ADR Program, which includes mediators who are available for you. There are other private practice mediators, who are not lawyers. Of course, the Mediation Center is a possible source of mediators for you. It is my responsibility to tell you that the Mediation Center had a grant from Lancaster County in 2007, and the Center will apply to the new County Commissioners for a grant this year. The grant does not affect the work of our mediators, but it is your decision whether that fact calls for you to get mediators elsewhere. The Center's offices are also provided by the County through the courts, which sometimes refer cases to mediate as do law enforcement officers. The Center is a non-profit organization and gets its funds from fees for mediation, fees for training mediators, private contributions, fund raising events, and grants from foundations and government. Please call or write if you want to mediate through the Center or have questions. Thank you for considering mediation for disputes and for considering mediation through the Center. Peace Linda Strauss Administrative Assistant










WELCOME TO THE LANCASTER MEDIATION CENTER

Since 1981 the Lancaster Mediation Center has served all of Lancaster County. It is located in downtown Lancaster with free parking beside its offices.

Mediation at the Center is a process in which impartial mediators help people in a dispute think better about their own needs and communicate clearly with others in the dispute. The mediators' goal is to help each person in the dispute make their own decisions about what to do and how they might resolve it.

People come to the Center for help because they have an important dispute and have not been able to resolve it themselves. Center mediators respect the importance of their clients' decisions and work hard to provide a good place for each person in the dispute to work out their own future.

News

Grayfred Gray, Executive Director of the Lancaster Mediation Center, was recognized by the Tennessee Coalition for Mediation Awareness on Thursday, Oct. 18, 2007, Dispute Resolution Day, at Lipscomb University. Grayfred is Professor Emeritus at the University of Tennessee College of Law.

He was presented with the first "Grayfred Gray Public Service Mediation Award" which was given in recognition of his work promoting the use of mediation in Tennessee from 1987 until he moved to Lancaster in 2003. View pictures and additional information from the event...

The Lancaster Mediation Center celebrated the first Lancaster County Peacemaker Celebration in March of 2007. The celebration commemorated the Center's 25 years of service to the community. Twenty-five honorees were chosen as Lancaster County Peacemakers from all walks of life and all ages. Pictured here is one of our Peacemaker recipients, Frank Albrecht of Lancaster City Schools. View all of our honorees...

Volunteer Mediators Needed

The Lancaster Mediation Center has an immediate need for volunteer mediators, especially men for divorce mediation. Divorce mediators work in pairs to help clients through the hardships of a divorce or separation.

The break-up of a marriage or other intimate relationship is an incomparably painful experience. In the midst of this emotional crisis, women and men are required to make decisions that may affect them for a lifetime. The Lancaster Mediation Center's goal is to help separating or divorcing partners address the difficult legal, economic, and parenting issues without destroying themselves, each other, or their children.

Mediators are asked to commit to a particular time and day of the week to mediate. Write to [email protected] or call 293-7231.

What problems can be mediated?

landlord/tenant disagreements parent/child and sibling problems harassment and interpersonal conflicts neighbor or roommate conflicts business and consumer disputes civil and "small claims" cases and more...

More than 80 percent of the cases that come to mediation are resolved by agreement between the people who previously had not been able to settle the dispute. Mediators help them come up with workable solutions.

Call us at (717) 293-7231 to discuss your particular needs. All contacts and all mediations are confidential.



First Lancaster County Peacemaker Celebration

HONOREES click on pictures to view larger image

Frank Albrecht

Lancaster City Schools.

Charles Bonner

Marine veteran peacemaker

Loraine Stutzman Amstutz

Victim-offender mediation

Gioacchino Jack Brignola

Children and Youth Agency



Robert Brock

Hole in the Wall Theatre, Inc., Artistic Director

Grace Byler

Retired Executive Director, Lancaster Mediation Center

Carl Driedger

Doug Burkholder

Philhaven

Lisa Conner

Counselor at Donegal Middle School

Michael Goldberg, Esq.



Lancaster County Domestic Violence Supervisor, AP&PS

Beverly Groff

Teacher at Pequea Valley High School.

Dr. Donald Kraybill

Elizabethtown College

Mid-Penn Legal Services

Patricia Hopson-Shelton

Millersville University

Michael Landis

Chief County Detective, District Attorneys Office



John Lapp

Former Director of Mennonite Central Committee

Barbara Mitchell

Teacher at McCaskey High School

Lynne Radcliffe

Counselor in Hempfield School District

Wayne Scott

Celso A. Mesias

Manos A La Obra program

Roberto Monzon

Manos House.

Adrian Rodriguez

Transition to Community.



Executive Director, The Mix at Arbor Place

Jon Singer

Executive Director, LAVORP

Barb Toews

Restorative Justice practitioner

K.L. Shirk, Jr., Esq.

Promoter of mediation (Deceased)

Marcus Smucker

Mediator in churches.

The Lancaster Mediation Center thanks Jose Urdaneta for

photographing our honorees for this event.

click here for the Urdaneta

Photography website



Urdaneta Photography

Bulova Technologies LLC

Millersville University

Graphic Communications Department of Stevens College of Technology

Amanda Baldwin, Graphic Designer

Emerald Asset Management, Inc.

Grayfred and Lois Gray

Trout, Ebersole & Groff, LLP, CPA

Stardust Entertainment & Events

Bazella Dombrowski & Co., CPA's

Lancaster County Association of Realtors



LANCASTER BAR ASSOCIATION ALTERNATIVE DISPUTE RESOLUTION PROGRAM

MEDIATION AGREEMENT

1. Introduction

The undersigned parties recognize that the Lancaster Bar Association (LBA) sponsors and administers an Alternative Dispute Resolution (ADR) Program as a public service to the community. The goal of the program is to provide an opportunity for an expeditious resolution of disputes which are, or could be, pending as civil actions in the Lancaster County Court of Common Pleas. This includes all civil actions, except for cases involving divorce, equitable distribution, custody, child or spousal support, alimony, alimony pendente lite, or paternity.

2. Role of the Bar Association

The Lancaster Bar Association sponsors the Alternative Dispute Resolution Program. The role of the Bar Association in the Alternative Dispute Resolution Program, however, is merely one of administering the request for ADR. The undersigned parties, by voluntarily participating in the program, accept and recognize that:

The Lancaster Bar Association, mediator, and LBA-ADR Committee shall have no liability, expressed, implied or otherwise, with respect to any aspect of the Alternative Dispute Resolution Program, including the actions or omissions of any mediator.

3. Definition of Mediation

Mediation is typically a settlement discussion. Negotiations are assisted by a neutral, impartial third party ("mediator") who promotes or facilitates an understanding among the parties of their common interest in reconciling or settling the matter. The mediator does not make any decision for the parties, except by special agreement. Although the mediator assigned may be a member of the Lancaster Bar Association and a practicing attorney, no attorney/client privilege attaches to the communication between the parties and the mediator. No attorney/client relationship is established with the mediator. THE MEDIATOR WILL NOT BE SERVING AS AN ATTORNEY OR ADVOCATE FOR ANY PARTY.

4. Selection of a Mediator

a. The parties will have twenty days from the date they submit the completed Request For ADR to review the list of approved mediators and select a mediator acceptable to all parties. In the event that the parties agree on the mediator, that name should be supplied immediately to the Lancaster Bar Association.









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b. In the event that there is no agreement on the mediator within twenty (20) days, the Lancaster Bar Association Executive Director or her/his designee will provide the parties with written notice of 3 possible mediators, whose selection will be based on a rolling, random assignment of approved mediators on the Lancaster Bar Association list. Each side may strike one name. The remaining person, or the first one selected by the LBA if more than one remain, shall be assigned as the mediator.

5. Mediator Not To Be Called As Witness

The parties agree not to call the mediator or any member of the Lancaster Bar Association Alternative Dispute Resolution Program as a witness or an expert in any pending or subsequent litigation as to any matter related to this arbitration. The parties will defend the mediator and any members of the Lancaster Bar Association Alternative Dispute Resolution Program from any Subpoena from any party as to the subject of this arbitration. The mediator is not liable to any party for any act or omission in connection with this mediation.

6. Scheduling the ADR Conference

After the Bar Association has been notified of the selection of a mutually agreeable mediator, or after the Bar Association has appointed a mediator in the instance where there has been no agreement, it will then be the responsibility of the mediator to schedule the date, time and place of the mediation conference, and to notify the parties and the Bar Association of the schedule. All mediation conferences will be held in Lancaster County, unless there is special agreement otherwise.

7. Exchange of Documents

At least ten (10) days prior to the mediation conference, each party shall provide opposing parties and the mediator with a mediation conference statement which must include the following information:

a. a succinct statement of position regarding liability and damages;

b. a description of the legal issues involved, with citation of legal authority;

c. copies of any controlling documents in dispute;

d. copies of expert reports on which they intend to rely;

e. an itemized list of damages; and

f. the parties current settlement positions and rationale.

If a party fails to provide the mediation conference statement, the party who fails to

provide the required statement may be required to pay the entire mediation fee and the reasonable










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attorney's fees and expenses for preparation of the mediation conference statement by those parties who have timely filed their statements, as assessed and ordered by the mediator.

8. Participation at Mediation Conference

a. The decision to mediate a case is voluntary. However once a mediator has been selected by the parties or the LBA, the attendance of parties at the mediation conference shall be mandatory. A representative of any party's insurance company which may be involved in the case shall be available in person or by telephone during the course of the mediation conference. If a party fails to appear, the non-appearing party shall, within thirty (30) days from the mailing of the mediation conference report, pay the entire mediation fee as well as the opposing party's reasonable expenses in attending the mediation conference, as assessed and ordered by the mediator.

b. All parties are expected to make only truthful statements to each other and the

mediator during the mediation process. Failure to do so may be determined by a Court to be a fraudulent act sufficient to void the terms of the Agreement and any mediation result.

9. Confidentiality

a. All statements made during the course of the mediation are intended by the parties to be privileged settlement discussions made without prejudice to any party's legal position, and non-discoverable for any purpose in any legal proceeding. Any information disclosed by any party, or by a representative of a party, or by a witness on behalf of a party, to the mediator is intended to be confidential. No privilege is intended to be waived by any such disclosure. However, final determination of the matter is up to a court of competent jurisdiction.

b. Disclosure of any records, reports or other documents received by the mediator

cannot be compelled. The mediator shall not be compelled to disclose or to testify in any proceeding as to information disclosed or representations made in the course of the mediation conference or communicated to the mediator in confidence.

c. The parties agree that no party to this mediation will attempt to subpoena the

mediator for testimony, deposition or discovery related to any documents or discussions arising during ADR. If a party breaches this Agreement and attempts to subpoena the mediator, that party will be liable for and shall indemnify the mediator for any costs, expenses, liabilities and/or fees, including attorneys' fees, that might be incurred by the mediator in objecting to the subpoena. The parties agree to maintain the confidentiality of the mediation conference and shall not in any proceeding attempt to rely on or introduce discussions regarding settlement, admissions made by any party during the course of the mediation, or any matter relating to proposals made and/or views expressed by the mediator.

d. The mediator shall have no liability for any act or omission in connection with the

mediation.






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10. Conclusion of Mediation Process

If the parties reach a settlement, the mediation process shall be concluded by the execution of a settlement agreement to be drafted by the parties themselves at the conclusion of the mediation conference. After the initial conference, the mediation process also will be terminated if any party or the mediator makes a formal written request for termination on the grounds that any further efforts at mediation would no longer be worthwhile.

11. Special Agreement.

The parties by special agreement have also entered into the following understanding regarding the conduct of mediation:

12. Fees and Expenses of the Mediator

a. The parties have agreed that they will each be responsible for an equal share of the fees and expenses of the mediator, unless there is specific written agreement otherwise.

b. The initial $150.00 administrative fee paid to the Bar Association is not refundable. The $450.00 initial mediator fee is only refundable up until the point in time that a mediator has been appointed. After the appointment of the mediator, the $450.00 fee is not refundable. The $450.00 covers the initial review and preparation for the mediation conference, as well as a two (2) hour mediation conference. In the event that the initial mediation conference exceeds two (2) hours in length, the parties agree to bear equally an hourly fee for the mediator in the amount of $150.00 per hour.

c. Any expenses of the mediation process incurred by the mediator, such as travel

outside of Lancaster County, long distance telephone calls and/or photocopies, shall likewise be borne equally by the parties.







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ACKNOWLEDGEMENT:

The undersigned parties, intending to be legally bound, acknowledge that we have read and agree with the terms and scope of the Mediation Agreement set forth above. Date: Parties Please sign this Agreement and return it to:

Lancaster Bar Association Alternative Dispute Resolution Program 28 East Orange Street Lancaster, PA 17602



Front Page Announcement Mark Esterbrook hired as County Administrator New County Administrator Hired March 19, 2007 Start Date The County's search for a County Administrator began on December 3, 2006, with local and national advertising. That advertising campaign resulted in 44 applications, which were reviewed by a Search Committee, from which they selected seven candidates for interview and consideration by the Commissioners. Of that seven, one was eliminated, three withdrew, and three were designated to interview with the Board of Commissioners. Mark Esterbrook, after his third interview session, was offered the position at a salary of $110,000 and approved at the Salary Board Meeting on March 1, 2007 with a scheduled start date of March 19, 2007. Mr. Esterbrook has over 18 years of hands-on experience in program management, operations, and technical system; and a proven track record of excellence in a broad spectrum of leadership and operational assignments in the military, public, and private sectors. He holds an MA in Administrative Science-Organizational Management from George Washington University, MBA from Incarnate Word College in San Antonio, Texas, and a BS in Business Administration from Millersville University.



January 3, 2008 - Email to Mark Esterbrook, Lancaster County AdministratorJanuary 3, 2008 - LNP News Article "New DA (Craig Stedman) Offers More...."January 3, 2008 - Email from Mark Esterbrook re Lancaster Mediation CenterJanuary 2, 2008 - Email from Grayfred B. Gray of Lancaster Mediation CenterJanuary 4, 2008 - Letter from Linda Straus of Lancaster Mediation Center to Open CaseLancaster Mediation Center BrochureLancaster Bar Association Alternative Dispurte Resolution Mediation AgreementLancaster County Administrator Mark Esterbrook Hired on March 19, 2007

mediation negotiations with lancaster county jan 4 2007

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lancaster county mediation

lancaster county administrator

prosecutor craig stedman

future district attorney

smart attorney robert

mark esterbrook

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