Logo       Don Smith
THIS WEEK IN REVIEW ....April 5, 2007
This weeks Reporter-Sterling Cain

  The bell rang, but half the club stayed in the gate    Fred Downs     Rev. Jim

Guests:Scott Manley is back, Dean Hiss is milking it as long as he can to keep getting in line ahead of Tommy Fry.

Fines:Motion to fine Schillo and Bezjak for extended vacation and to John Pifer for not going on vacation. Unanimous

Fine to table 1 for having toothpicks when the rest of us are going without. Amended motion to include Don Smith for whining about the motion (Don was only pointing out the fact that the toothpicks have been in the same place for years). Passed.

Announcements: Blackbeard! Thursday, May 17 th at the Heritage Square Opera House. $30.50 for tickets, $28.50 (62+). Make your checks to Arapahoe Sertoma and get them in as soon as possible.

Tim Pollak: We have 4 raffle tickets left to distribute. Sell the ones you have or you own them.

McGee: Get your King Soopers coupons!

Rainbow Bridge fund raiser April 19. Click here:

Our Charity Raffle flyer: flyer.pdf

Hogge: Rainbow Bridge, April 19th, Thursday Night, Intergenerational Talent Show. We have tickets, if you're interested contact Bob Hogge.

Sign up for the regional convention is coming to a close. Contact Bob Hogge immediately if you want to go.

Soapbox Derby needs more volunteers. See their web site at: www.smhsbd.com and see the
volunteer form at: soap box derby.pdf

Board Meeting on next Tuesday, April 10 th.

Harder: Jean Parchen donated a bunch of shirts to Harder who then took the shirts to Step 13. Harder had no idea that people would want ugly golf shirts, but they flew out of his car. Jean got a nice letter from Step 13.

Bingo: C team had a full team. Deposited $5018 and added $300 to the progressive.

Handshake Prize: A squishy stress ball went to Sterling Cain for being the first person to shake Cliff's hand this afternoon.


Carl was born in 1930 in Alamosa on the Rio Grande. He moved a bunch of times so quickly that I have no idea what he said. However, he knew the name of every single river. In 1962 he settled in Denver and was unleashed as a CPA on an unsuspecting public.

He had a great life lesson about how he won an audit by making a person to person contact with the auditor and turning it around from an adversarial process. Carl was brought into the club by Steve Bolyard.

Program: Presented by the learned John Vierthaler.

Our guest today was Joe Epstein, Esq. Joe is one of the premier mediators in Colorado. Mediation is a very rapidly expanding area in the law in that it is a more cost effective and less adversarial the traditional court litigation.

Joe emphasized that mediation is more focused on the emotional then the rational aspects of conflict resolution. He told the story of a doctor who was getting sued for missing a breast cancer diagnosis in one of her patients. He had reached a stalemate in the negotiation, and the attorneys did not know what to do. Joe asked for permission to take the clients alone into a separate room to work with them directly. Once in the room the doctor turned to the client and apologized from the bottom of her heart. That was what the client wanted, the impasse was broken and they were able to settle their case.

He then went on to emphasize the importance of listening. Listening takes a lot of focus and energy. So Joe turned to Native American practices for guidance. He uses a Native American talking stick as a physical representation of a way of allowing people to be listened to in a respective manner. The person who has the stick can talk, which we all can do, but more importantly the people without the stick are required to listen.

The smart negotiator will always treat a person with respect because that almost always means a lower settlement. Remember the adage that you must always treat people as you want to be treated.

An important rule is that naked truth is hard to accept. So you must clothe the truth and dole it out carefully. In that way the truth can be easier to accept. That is why the pace of a mediation is so important. That is a lesson that you can take with you when you negotiate with people.

Question: Do you handle family disputes? Yes, in a way. The most difficult negotiations I have are in my own house. But professionally I do not mediate in the family law setting.

He puts his energy in mediation into personal injury cases. He finds that in mediation he is more like the acute care physician and is not invested in a case for as long as he was when he was a personal injury attorney.

Question: What is the difference between mediation and arbitration? Mediation is more about listening and working with the main players in the case to sit and talk with one another as a disinterested third party. An arbitrator is more like an informal judge who must remain more distant from the individual players in the case.

Question: How do you get paid? The parties usually split his fee. He usually does it as a flat fee because it is much easier then keeping track of time.

Question: Insurance companies usually arbitrate amongst themselves, but when it is with the client or with a third party they like to go to jury trial and often to mediators.

Question: How do you generally get called in and by who? He is generally well known around town. He also ran for DA and that, where it didn't get him much in the way of his political career it got him a ton of advertising for his mediation practice.

Question: What is his success rate? It is ballpark around 80%. His job is to give both parties enough information that they can use their own judgment and own knowledge to go in a particular direction.

It is much easier to show people respect and to get them around to your position by letting them make up their own minds then by forcing your opinion on them right out of the gate.

Question: What is your position on the Qwest case? Stern is probably the best council that Nacchio could find to represent to him. Something that he only found out recently was that the indictment was narrowly drafted. It has caused a lot of evidence against Nacchio to be excluded. The indictment is the building block of a case and it looks like a weak foundation.

You can contact Joe at: joe@crs-adr.com or his web site at: www.crs-adr.com

   Sterling Cain   Jim Rees    Bill Benton


       On the calendar .. www.arapahoe-sertoma.org/cal.htm

Sertoma Application form: app.pdf



Apr 2 - C Team
Apr 9 - D Team
Apr 16 - E Team
Apr 23 - A Team
Apr 30 - B Team
May 7 -  C Team
May 14 - D Team
May 21 - E Team
May 28 - A Team




       Apr 5  - Regular Meeting - SOD Duncan
       Apr 10 - Board Meeting - All invited.
       Apr 12  - Regular Meeting - SOD Combellick
       Apr 19 - Regular Meeting - SOD Elsey
       Apr 26 - Regular Meeting - SOD Enslow
       Apr 28 - Charity Raffle at Columbine C.C.
       May 3 -  Regular Meeting - SOD Forster
       May 3-5 Regional in Colorado Springs.
       May 8 - Board Meeting - All invited.
       May 10 - Regular Meeting - SOD Fry
       May 17 - Regular Meeting - SOD Geers
                      The Heritage Square Melodrama

   Click the printer (or here) for a printable version

   Editors notes:    
If you want an electronic copy of the Roster,    send me an e-mail.     donny46@comcast.net

Movie review:


Subject: Political correctness runs amok

Scenario: Parents take cute pictures of their 2 year-old playing in the tub.

1965 Parents go to Walgreen's, get them developed, and put them in the child's picture album which is shared with friends and relatives.

2006 Parents reported by Walgreen's to the Police, arrested for child pornography, and child sent to foster care.

Scenario: Jack pulls into school parking lot with rifle in gun rack.

1965 Vice Principal comes over, takes a look at Jack's rifle, goes to his car, and gets his own to show Jack.

2006 School goes into lockdown, FBI called, Jack hauled off to jail and never sees his truck or gun again. Counselors called in for traumatized students and teachers.

Scenario: Johnny and Mark get into a fist fight after school.

1965 Crowd gathers. Mark wins. Johnny and Mark shake hands and end up best friends. Nobody goes to jail, nobody is arrested, nobody is expelled.

2006 Police called, SWAT team arrives, arrests Johnny and Mark. Charge them with assault, both expelled even though Johnny started it.

Scenario: Jeffrey won't be still in class; disrupts other students.

1965 Jeffrey sent to office and given a good paddling by the school principal. Sits still in class from then on.

2006 Jeffrey given huge doses of Ritalin. Becomes a zombie. School gets extra money from state because Jeffrey has a disability.

Scenario: Billy breaks a window in his father's car and his Dad gives him a whipping.

1965 Billy is more careful next time, grows up normal, goes to college, and becomes a successful businessman.

2006 Billy's Dad is arrested for child abuse. Billy removed to foster care and joins a gang. Billy's sister is told by state psychologist that she remembers being abused by her Dad, and their Dad goes to prison. Billy's mom has affair with psychologist.

Scenario: Mark gets a headache and his Mother gives him some aspirin to take to school.

1965 Mark's headache persists. He goes to his locker, gets a couple of aspirin and takes them at the water fountain.

2006 Police called, Mark expelled from school for drug violations. Car searched for drugs and weapons.

Scenario: Mary turns up pregnant.

1965 Several high school boys leave town. Mary does her senior year at a special school for expectant mothers.

2006 Middle school counselor calls Planned Parenthood, who notifies the ACLU. Mary is driven to the next state over the border and gets an abortion without her parent's consent or knowledge. Mary given condoms and told to be more careful next time.

Scenario: Pedro fails high school English.

1965 Pedro goes to summer school, passes English, goes to college.

2006 Pedro's cause is taken up by state Democrat party. Newspaper articles appear nationally explaining that teaching English as a requirement for graduation is racist. ACLU files a class action lawsuit against state school system and Pedro's English teacher. English banned from core curriculum as a required course. Pedro is given diploma any way, but ends up mowing lawns and washing dishes for a living because he can't speak English.

Scenario: Jimmy takes apart leftover firecrackers from the 4th of July, puts them in a model airplane paint bottle, blows up a fire-ant hill.

1965 Ants die.

2006 BATF, Homeland Security, FBI called. Johnny charged with domestic terrorism. FBI investigates parents, siblings removed from home, computers confiscated,

  Jimmy's Dad goes on a terror watch list and is never allowed to fly again.

[. . . And who among us (boys mostly) didn't have a chemistry set that was capable of making all sorts of concoctions that would land us in trouble today, and we were encoura