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Mediation provides a means of resolving disputes that promises to reduce litigation while avoiding further damage to party relationships. The present study addressed the question whether parents engaged in parenting disputes generated by divorce or separation received the promised benefits of mediation when services were delivered by means of community mediation, which combined the dual features of free services and volunteer mediators. Reported outcomes such as agreements, party satisfaction, relationship changes, and court involvement, as well as the connection between these outcomes and party factors of custodial status and income level, were examined, and several encouraging trends emerged. Results indicated that an economically diverse group of disputing parents were provided access to mediation services delivered under community mediation. Moreover, the prospect of avoiding litigation motivated a majority of parents to participate in community mediation. The positive outcomes reported by most parents, irrespective of income level and custodial status, included agreement and process satisfaction rates consistent with national trends, the development of parenting plans, and for a sizable minority of parents, reduced court involvement and improved between-parent interactions. However, non-custodial parents tended to be significantly more positive about mediation's helpfulness with parenting issues than were custodial parents.
- mediation
- alternative dispute resolution
- conflict resolution
- community mediation
- parenting disputes
- divorce mediation
- volunteer mediator
- free mediation services
- mediation outcomes
- custody
- child support
- child access and visitation
- parenting plans
- divorce agreements
Conflict between couples who are divorcing or separating can thwart efforts to arrive at the decisions and agreements needed for the dissolution of their relationship. Moreover, parental conflict during divorce or separation can adversely affect children (Leite & Clark, 2007). Mediation provides these disputants with a voluntary conflict resolution process in which an impartial third party helps them discuss their issues and explore options for a mutually acceptable agreement (Shaw, 2010; Wilkinson, 2001). It has proven to be a valuable conflict resolution strategy in the divorce or separation context by providing a means of resolving disputes that reduces litigation while avoiding further damage to party relationships (Caprez & Armstrong, 2001; Shaw, 2010).
Mediation and Its Benefits
Relying on the courts to resolve divorce/separation disputes has the disadvantage that the conflict and distrust between parties are often exacerbated by the adversarial stance of court trials (Moses, 2009). Mediation provides a non-confrontational alternative to litigation: the neutral mediator acts as facilitator while disputants strive to arrive at agreements of their own making by analyzing their issues, communicating needs and interests, and examining various solutions (Chandler, 1990). Evidence of the effectiveness of mediation as a dispute resolution strategy for divorce/separation disputes has been demonstrated by a 50% to 80% range of settlement rates, a high degree of party satisfaction, and, compared with litigation, less relationship damage and improved non-custodial parenting (Ballard, Holtzworth-Munroe, Applegate, & D'Onofrio, 2011; Caprez & Armstrong, 2001; Emery, Sbarra, & Grover, 2005; Pearson & Thoennes, 1984, 1988).
When children are involved, the relationship-protection benefit of mediation becomes especially important. Even though parents are disengaging from one another, they remain linked by a parenting relationship that must weather the challenges of family disruption and disagreement over custody, child support, and visitation, among other issues. Over the past few decades, a growing number of people have turned to mediation to deal with disputes arising from divorce or separation, particularly disagreements about parenting their children (Emery et al., 2005). It is noteworthy that when mediation is used in divorce cases, it often involves contested custody or visitation (Beck & Sales, 2000).
Community Mediation
As private and for-profit practitioners have come to dominate the delivery of mediation services, mediation has become too expensive for many lower income individuals (Ray, 1997). To increase access to mediation services (among other goals), community mediation evolved out of mediation through the use of trained community volunteers to deliver free or low-cost mediation services under the auspices of non-profit organizations or public agencies that also engage in education and outreach (Hedeen, 2004; Ray, 1997; Wilkinson, 2001). By offering free services from trained volunteer mediators, community mediation places the advantages of mediation within reach of lower income disputants, including lower income divorcing or separating parties (Hardin, 2004; Hedeen, 2004).
According to theorists, the defining characteristics of community mediation—providing direct public access to dispute resolution services, using trained community volunteer mediators, offering services regardless of ability to pay, and achieving diversity among mediators, staff, and governing board of the non-profit or government service provider (Hedeen, 2004)—are necessary to accomplish the overarching goals of community mediation.1 "Community mediation is truly dispute resolution 'of the people, by the people, and for the people'" (Hedeen, 2004, p. 101) when it pursues its mission to expand access to justice, reduce conflict, and strengthen community capacity for dispute resolution.
The Controversy Surrounding Community Mediation of Divorce or Separation-Related Parenting Disputes
From the perspective of parents dealing with divorce/separation-related parenting disputes, though, the value of community mediation simply resides in the mediation services provided. The free services and the use of volunteer mediators, which are at the heart of community mediation, generate doubts about the quality of services offered (McGillis, 1997; Ray, 1997). The question that is relevant to these users of community mediation and addressed in the present study is whether estranged (i.e., divorcing/divorced or separating/separated) parents engaged in parenting disputes receive the benefits of mediation—that is, whether their disputes get settled, their burden of court procedures is lightened, and additional relationship harm is avoided—when mediation services are delivered through community mediation which combines the dual features of free services and volunteer mediators. Thus, this inquiry proceeds by examining the community mediation outcomes of parenting disputes as reported by participating parents.
The Need for Evidence That Addresses Doubts About Community Mediation of Divorce or Separation-Related Parenting Disputes
Public awareness of community mediation is low (Baron, 2004), and as a result, potential users of divorce/separation community mediation are placed in the position of consumers who, unfamiliar with a prospective purchase, tend to rely on price as a gauge of quality (Cialdini, 1993). In view of the widespread unfamiliarity with community mediation, when individuals provide their services for free as volunteer mediators do, and mediation services are provided at no charge through community mediation programs, doubts arise about the quality of the services offered, to the detriment of party participation (Hedeen & Coy, 2000; McGillis, 1997; Ray, 1997). Pro bono divorce mediation is underutilized (Pearson & Thoennes, 1988), and participation may well be further depressed when misgivings about service quality beset not only parties but also the professionals and experts in the field of divorce/separation. "Individuals [in divorce disputes] whose attorneys are ambivalent or opposed to mediation are very reluctant to try it" (Pearson & Thoennes, 1988, p. 431).
Evidence regarding the purported benefits of dealing with divorce/separation-related parenting disputes through community mediation—as measured by its outcomes—will enable disputants to make better-informed decisions about whether to participate in a community mediation program. Courts and attorneys can use such evidence to make research-based referrals to an appropriate method of alternative dispute resolution for parties in conflict. Policies that seek to minimize the harm to children in disrupted families in need can be developed based on research results.2
The benefits of community mediation has been shown for disputes involving small claims and other civil cases, parent–child conflict, citizen's police complaints, workmen's compensation, and permanency and juvenile issues, among others (Anderson & Whalen, 2004; Charkoudian, 2005, 2010; Gazley, Chang, & Bingham, 2006; Maiman, 1997; Mandell & Marshall, 2002; Merry & Rocheleau, 1985; Police Assessment Resource Center and Vera Institute of Justice, 2006; Wilkinson, 2001; Wissler, 1995, 2004). In the divorce/separation context, community mediation was proven to be useful in generating divorce agreements in domestic violence situations (Chandler, 1990). Additional research into various community mediation outcomes involving other divorcing/separating party situations would be valuable.
Much prior research into divorce mediation involving volunteer mediators—studies concerning, for example, factors that promote divorce agreements through mediation, the integrity of agreements that reach trial, gender differences in mediator communication, the effects of linguistic framing by mediators, and a comparison to litigation with respect to satisfaction, joint custody agreement, and reliable child support (Bautz & Hill, 1989; Drake & Donohue, 1996; Wagner, 1990; Wall & Dewhurst, 1991)—makes no reference to free services or to community mediation per se. By the same token, studies into divorce mediation that provided services free of charge do not explicitly mention community mediation or the use of volunteer mediators (e.g., Ballard et al., 2011; Caprez & Armstrong, 2001).3 Because concerns have been raised that these changes in the delivery of mediation services—pro bono services from volunteer service providers—diminish the benefits of the mediation process for participants, including divorcing or separating parties (McGillis, 1997; Ray, 1997), additional research into community mediation of divorce/separation parenting disputes would be useful to the practice of divorce/separation mediation, to policy making directed at assisting families in need with divorce/separation-generated disputes (Hutson, 2007; Moses, 2009; Yates, 1997) as well as to the research literature.
Subject of study
Accordingly, the present study expands on previous research into divorce/separation mediation outcomes by examining the outcomes of community mediation of parenting disputes as reported by estranged parents, such as agreements, party satisfaction, relationship changes, and court involvement, as well as the connection between these outcomes and party factors of custodial status and income level. A fair inquiry into the extent to which mediation benefits are available to participants in community mediation demands an expansive view of mediation outcomes.4 The array of outcomes studied here provides such a broad view.
Research and other circumstances indicate that a clearer understanding of mediation outcomes will result from taking the influence of custodial status and income level into account. The impact of income level merits investigation because of the community mediation goal to increase participation of lower income individuals combined with research findings of a positive association between income and mediation satisfaction (Leite & Clark, 2007). The value of studying the effect of custodial status is demonstrated by evidence for increased contact between non-custodial parents and children due to mediation (Emery et al., 2005) and legal distinctions concerning parental rights and responsibilities5 that often create differences in parents' needs and interests regarding the rearing of their child.
Based on prior research and community mediation theory, it was anticipated that the majority of the estranged parents using community mediation to resolve their parenting issues would be lower income, who turned to community mediation primarily because of its free services. Agreement rates were expected to be consistent with those achieved by divorce mediation generally and fall within the 50% to 80% range. In light of the demonstrated connection between mediation satisfaction and income level (Leite & Clark, 2007) and the expected predominance of lower income parties in the population served, party satisfaction was expected to be below the 77% divorce mediation satisfaction rate found in one study (Pearson & Thoennes, 1988). Given the child-centered disputes that brought estranged parents to mediation and the concern with costs that may be reasonably attributed to lower income parties, it was also hypothesized that most parents would report improvements in their parenting relationship and reductions in court involvement rather than progress in their between-parent interactions. In view of research-based evidence for the beneficial effects of mediation on non-custodial parenting, it was further hypothesized that more non-custodial than custodial parents would find mediation useful in addressing parenting relationship issues.
The present study relied on an exit questionnaire and a follow-up interview to elicit feedback about the community mediation process from parents involved in mediating parenting disputes generated by divorce or separation.
The participants involved in this study were parents qualifying for mediation services from the Massachusetts Parent Mediation Program (PMP), sponsored by the Massachusetts Department of Revenue's Child Support Enforcement Division under a federal Access and Visitation grant and administered by the state's office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. At the time of the study, the PMP operated in five community mediation centers, offering up to six hours of free mediation services under a co-mediation model to divorced, separated, or never-married parents in military, veteran, or civilian families to deal with parenting issues surrounding custody, access, parenting time, and visitation (MOPC, 2011). To be qualified for PMP services, the family configuration, in practice, had to consist of a custodial parent and a non-custodial parent, with neither actively engaged in substance abuse or domestic violence, among other conditions.6 Parents either contacted the centers or were referred by the court for access to PMP mediation services. Mediation services were primarily delivered by volunteer mediators (and, occasionally, by community mediation center staff), all trained according to state court requirements for dispute resolution neutrals (i.e., Massachusetts Supreme Judicial Court Rule 1:18). A typical parenting conflict case involved an average of nearly three mediation sessions.7 During the study year, 131 cases of parenting conflict were mediated.
Over the period of a year, parents who participated in mediation sessions offered by PMP were asked to provide feedback about the outcomes of mediation by completing a questionnaire containing a combination of closed-ended questions and questions with multiple choices that included an open-ended "other" option, to which the respondent could select all the opt ions that applied, either in writing or through interviews.
Parents in the PMP were invited to voluntarily fill out a questionnaire, usually supplied by a mediator after their last mediation session. They were asked to provide demographic information, to evaluate process features, to identify their reasons and expectations for, their sources of information about, and the mediation outcomes of, mediating in this parent mediation program. Seventy-six usable questionnaires were obtained.
Following a four- to eight-week interval after the mediation session, 43 willing parent parties responded to a follow-up questionnaire in telephone interviews conducted by center staff. Parties were asked about post-mediation changes in parent–child and between-parent relations and in their financial situation.
The frequency of responses to questionnaire items was determined, and the percentage of respondents responding similarly to respective questionnaire items was calculated. The resultant percentages formed the basis for identifying likely trends and key developments exhibited by the data. Chi-square tests were performed to determine whether relevant variables were independent of one another or not.
Demographic data regarding the population studied were obtained from optional closed-ended questions that asked parties to describe their racial/ethnic identity and financial circumstances. With a 100% response rate, party respondents predominantly self-identified as White (87%). When asked to select their income category from among eight choices ranging from less than US$10,000 to US$65,000 or more, 89% of party participants responded. During the study year, the national median household income was US$50,054, and a family of two earning US$29,420 was at 200% of national poverty (Luhby, 2012, September 12). With respect to these financial distinctions, an examination of party participant responses revealed that over a majority (56%) earned US$29,000 or less while 23% earned at least US$50,000. The largest cluster of respondents (24%) was in the US$10,000 to US$19,000 income category. As a parent's custodial role can play a part in fashioning the results of mediating parenting disputes, information about custodial status was obtained from all parties. The party participants in the present study consisted of comparable numbers of custodial (53%) and non-custodial parents (47%).
Considering community mediation's low public profile (Baron, 2004), the questionnaire included an inquiry into the source of the party's awareness of the mediation program. Out of seven choices, four court-related (recommended by a judge, ordered by a judge, recommended by court personnel, information shared by court personnel) and three non-court-related (referred by family or friend, internet, and the open-ended option of "other"), the vast majority of participants (63%) heard about mediation from court sources (29% from judges and 34% from court personnel). Eight percent of party participants were ordered to mediate by the court.
Community mediation offers users the benefits of free mediation services, community access, and an alternative to litigation (Hedeen & Coy, 2000). Furthermore, prior research indicates that most divorcing parents participate in community mediation "because they thought it would be the 'least expensive' way to settle" (Bautz & Hill, 1989, p. 36). Mindful of this research and the predicted benefits, the questionnaire provided party participants the opportunity to indicate all their reasons for choosing to mediate from a list that contained the following options: mediation as better option than court, previous positive mediation experience, easy accessibility, local access, free services, and the open-ended option "other." Out of 76 parties, mediation as a better option than court was, at 64%, the most popular reason to mediate with free services a distant second, motivating 30% of the group. Eighteen percent of respondents included both reasons—those relating to cost and litigation alternative—among their reasons to mediate. However, over one third (36%) of responding parents selected mediation as a better option than court as their sole reason for mediating whereas free services was the only reason for 5% of the parents.
To examine the relationship between motivation and income, parties' reasons for mediating were sorted by income level based on 68 usable responses. The null hypothesis that there was no relationship between reasons to mediate and income levels of US$29,000 or less and of US$50,000 or more could not be rejected, χ2 = 3.24, df = 5, p > .60.
Party assessment of the outcomes of mediation was elicited with respect to impact on relationships, finances, agreements, and third-party involvement. Parents were asked to identify all the achievements obtained in mediation from an array of 12 options.8 The completeness of the array of choices presented is suggested by the small number of respondents selecting "other." A sizable portion of participants (89% of 68 usable responses) considered that mediation resulted in some achievements. As Table 1 shows, among the top five selections, over half the party participants (62%) reported that mediation impacted parenting plans, and between one third and nearly one half pointed to reduced court involvement (46%), improved inter-parent communication (44%), reduced between-parent conflict (38%), and improved conflict resolution skills for between-parent conflicts (37%).
The production of agreements is regularly used to measure the success of mediation, including community mediation (Emery et al., 2005). Party beliefs about whether agreements were an outcome of their mediation were elicited by providing participants with a list of three possible mediation results, namely, agreement reached, no agreement, or the option of an open-ended "other." With an 87% response rate, 61% of responding party participants reported reaching agreement while 35% did not. Similarly, a 62% agreement rate was achieved for parenting plans, a subset of divorce/separation agreements in which the various responsibilities for the children are apportioned between the parents (Moses, 2009).
To gauge mediation's impact on the parenting relationship, party participants were asked to indicate all the ways that mediation helped them as parents in response to a closed-ended question that listed nine options. Out of the nine options presented, eight reflected the typical issues concerning children that get contested by estranged parents as well as those parenting factors often used by the courts to assess parental fitness(to wit, parenting time, access, visitation, financial support, involvement with education and extra-curricular activities, understanding parenting skills, and personal connection to child) (Serrato, 2013). Three fourths of party participants responded, all acknowledging mediation's helpfulness with some aspect of parenting. However, not one of these eight parenting assistance options garnered a majority of party responses. One third (33%) of parties were helped with parenting time, and slightly more than a quarter (26%) received child visitation assistance while the remaining six parenting assistance options were chosen by 17% or fewer respondents. The case was otherwise for the ninth parenting assistance choice, namely, between-parent communication about parenting. Notably, a large majority of responsive participants (61%) considered that mediation helped them better express parenting expectations to the other parent.
The responses regarding mediation outcomes were further analyzed to determine whether there was an association between mediation outcome and custodial status. To determine whether parties' custodial status was associated with differences in reported mediation outcomes, the responses of parties regarding the achievements of mediation were sorted by custodial status. Table 2 presents the results of these calculations in percentages.
On the whole, custodial and non-custodial parents did not significantly differ in their selection of all the achievements issuing from mediation (mediation achievements by custodial status: χ2 = 13.32, df = 11, p > .20). As Table 2 shows, both custodial and non-custodial parents counted parenting plans, improved parental communication, and reduced parent conflict and court involvement in the top five of mediation's accomplishments. Similarly, custodial parent participants did not markedly differ from non-custodial parent participants in their reports of reaching agreement (63% of 35 custodial parents and 58% of 31 non-custodial parents).
In contrast, custodial status did make a difference in parties' assessment of mediation's help with parenting. The evidence of an association between custodial status and party responses to mediation's helpfulness with parenting was strong (χ2 = 27.2, df = 8, p = .001). The data in Table 3, which present the percentage of parties choosing each option of parenting assistance obtained through mediation as disaggregated by custodial status, reveal that a greater proportion of non-custodial parents found mediation to be helpful with parenting than did custodial parents for nearly all forms of listed issues.
The option of "better express parenting expectations to other parents," however, proved a striking exception. A substantially greater number or proportion of custodial parents (78%) acknowledged mediation's help with communicating parenting expectations than did non-custodial parents (40%).
The persistence of post-mediation changes was examined in guided interviews of 43 party participants after a four- to eight-week interval following mediation. Interviewees were asked to indicate whether features of their relationship with the other parent and with their child, as well as aspects relevant to their financial situation, had increased, decreased, or stayed the same since mediation (or relevantly similar language).9 The purpose of these questions was to measure the impact of mediation on reducing conflict and protecting relationships using indicators involving parent-to-parent and parent–child interactions. Parents' financial situation was also a relevant indicator due to research indicating a connection between parent conflict and reliability of child support payments (Hutson, 2007; Yates, 1997). Sustained post-mediation changes (that is, reported increases or decreases) in nearly all the categories were generally absent. Almost half or more of interviewees considered the situations of inter-parent communication (49%) and conflict (65%) to be static; at least 65% considered their relations with their child to be unchanged; and family finances remained the same or did not apply for 60% and more of interviewees. The only suggestion of durable post-mediation changes concerned the interviewee's ability to resolve conflicts with the other parent—half of those interviewed reported an increase in this ability.
Community mediation tends to rate highly in party satisfaction (Wissler, 1995), and 95% of participants in community mediation programs across the country indicated their readiness to use mediation again (Wilkinson, 2001). With a 99% response rate, nearly all participating parents indicated their willingness to use the mediation services of the program again (95%) and recommend it to others (99%). Differences between high- and low-income participant responses with respect to satisfaction were not meaningful as at most one participant from either the lower or higher income categories was disinclined to either use or recommend the mediation services.
This study shows that community mediation can provide contending parties at a variety of income levels with access to mediation services for divorce/separation-related parenting disputes. The low income of most (56%) of the parties plus the minimum US$50,000 income of over one fifth (23%) of the parties indicate that, with respect to parenting disputes, community mediation lived up to its promise of serving those with low incomes and did so without ignoring the dispute resolution needs of those more comfortably circumstanced.
Study results also furnished evidence that the benefits of mediating parenting disputes arising from divorce or separation were available to estranged parents who received mediator services under community mediation that incorporated both free mediation services and volunteer mediators. The favorable reactions to the community mediation of parenting disputes exhibited by parent participants with respect to their willingness to participate in the program and recommend it to others were independent of income level and consistent with other research results (Wilkinson, 2001). Similarly, the agreement rate of 61% reported in this study is consistent with mediation and community mediation trends for other types of disputes (McGillis, 1997; Wilkinson, 2001).
The present study suggested that community mediation's greatest allure for party participants resided in its offer of an alternative to litigating parenting issues. The free mediation services and convenience provided by community mediation of parenting disputes attracted a minority of parties: approximately one third of parties turned to mediation because of considerations of cost (30%) or convenience (35% of combined accessibility categories). For most of the participating parties, though, community mediation provided a sought-after alternative to settling disputes in court. It was the most popular reason for parties' choice of mediation—64% considered mediation preferable to court and 46% identified the reduction in court involvement as a mediation achievement. Moreover, avoiding litigation was a prevalent reason for parties at both lower and higher income levels. These data lend themselves to the understanding that while community mediation may eliminate economic barriers to using mediation for parenting disputes,10 it is the prospect of a substitute for litigation that brings people to the community mediation table. Alternatively, it may be that the absence of service fees alleviated parties' financial concerns and allowed non-economic considerations to predominate in electing mediation. The relationship between fee structure and reasons for mediating warrants further investigation beyond the scope of this particular study.
The importance of litigation avoidance in motivating disputing individuals in the throes of divorce/separation to turn to community mediation may be further explained by data in this study, which show that—unlike the Bautz and Hill (1989) study where participants were primarily concerned about cost and identified friends, therapists, and the media as their sources for information about mediation—the court was the source of information about the community mediation program for a large majority of the parties. It is reasonable to infer, first, that the court's status as an authority in the adjudication of family disputes may well have conferred enhanced legitimacy on community mediation as an alternative dispute resolution process, making it an attractive choice for the majority of parties. Second, inasmuch as divorce actions involve court proceedings, a majority of parties may have already experienced the detrimental effects of divorce litigation on their relationship or their pocketbook (Moses, 2009, ). Thus, for many parties, the court played an important role in their selection of community mediation to settle their parenting disputes.
Besides avoiding litigation, the formation or revision of parenting plans loomed large for participating parents. Parenting plans allocate rights and responsibilities for child-rearing between parents. As a result, these plans are an important vehicle for effective co-parenting, forestalling disagreements about child-rearing between estranged parents (Moses, 2009). Moreover, such plans may be legally mandated. Massachusetts law provides that a type of parenting plan known as a shared custody implementation plan is to be submitted to the court by parties contesting child custody (Massachusetts General Law ch.208 §31). Working on parenting plans proved to be a prevalent accomplishment of the community mediation process according to party participants.
Although child-rearing issues formed the substance of the disputes that gained entrée into the community mediation program examined here, most parties wanted mediation to assist them with their inter-parent relationship, that is, with the way they interacted with one another in handling their disagreements. Indeed, 25% fewer parties responded to the survey question about mediation's helpfulness with parenting than to the question about mediation achievements. Improved between-parent communication and conflict management were in the top quartile of most parties' mediation accomplishments. For most participants, then, matters concerning the relationship between parents were at the forefront of concerns that they brought to the mediation table. It is noteworthy that reducing parent conflict through improved parent-to-parent relationships can redound to the benefit of the children (Emery et al., 2005).
Among the three-fourths of parents who responded to the question concerning parenting assistance, non-custodial parents tended to be significantly more positive about mediation's helpfulness with parenting issues than were custodial parents. Among all responding parties, the only option that garnered a majority of responses (at 61%) concerned inter-parent relations, namely, inter-parent communication of parenting expectations. Although, when responses in this category were disaggregated by custodial status, the proportion of non-custodial parties finding that mediation helped them express parenting expectations proved fairly substantial (at 40%), it paled in comparison with the robust response of custodial parent parties (at 78%). The possibility that this result portends a nascent beginning of cooperative co-parenting by these estranged parents, however, awaits further investigation.
It may be that these reported developments in the relationships between parents will prove temporary. Implementing the mediation agreement and sustaining positive changes are challenging tasks: As one party pointed out, "You gave us great tools to work with. Easier said than done of course." When the first flush of enthusiasm about a successful mediation wears off, reality may set in and parties may return to their old conflict habits. As another party noted, "Yes, [the] day of mediation seemed wonderful and positive, we came to an agreement. The very next day he tried to get out of it." Encouraging hints that the changes in inter-parent relationships following mediation may have some staying power are suggested by parties interviewed after a four to eight-week interval, where half indicated that their ability to resolve conflicts with the other parent had increased.
The present study is constrained by its reliance on retrospective self-reporting (see, for example, Howard, Millham, Slaten, and O'Donnell [1981] on response shifts and self-reports and Maiman [1997] on discrepancies between documented and party-reported mediation agreements). The biases that typically attend backward-looking self-reports are mitigated by the role that self-reports here play as a primary source of knowledge about the parties' perceptions and cognitions concerning the outcomes produced by mediation. In any event, to the extent that sensitive matters were broached in this inquiry, the precautions taken to preserve confidentiality may have improved response quality (Singer, von Thurn, & Miller, 1995).
Future research is needed to determine the extent to which the results of this study can be generalized. These results were collected from participants in a particular community mediation program with features that may limit generalization. The program operated under Massachusetts law, employed a co-mediation approach, offered multiple mediation sessions, and worked with a primarily White population. Additional research is needed to determine how community mediation of divorce/separation-related parenting disputes fares when the population served is diverse, a different mediation style is employed, mediation is limited to a single session, or when other laws govern parenting disputes, particularly with regard to such features as custodial status, parenting plans, and mediator training.
The present study provided a measure of reassurance that the benefits of mediating parenting disputes between estranged parents are not diminished when mediation services are free and provided predominantly by volunteer mediators. The study results yielded promising signs that community mediation offers an economically diverse group of disputants, particularly those of low income, access to an effective dispute resolution process that addresses divorce/separation-related parenting disputes. Regardless of income, most participating parties turned to community mediation because it presented an alternative to litigation, and, according to the majority of the parties, community mediation did not disappoint. The reported agreement rate of 61% here was consistent with other mediation research findings as were the generally favorable party reactions to participating in the program.
The community mediation process proved successful to some degree at all levels of income and for both custodial and non-custodial parents. The majority of the disputing parents emerged from community mediation with reports of the development of parenting plans, and a sizable minority claimed reductions in court involvement and improved between-parent interactions. Moreover, mediation furnished the estranged parents with an opportunity to communicate with one another, particularly about expectations concerning parenting for a large majority of responding custodial parents. In the end, any decrease in the conflict between estranged parents that is attributable to their participation in community mediation may increase the well-being of their children.
Article Notes
Declaration of Conflicting Interests The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Funding The author(s) received no financial support for the research and/or authorship of this article.
↵1. Hedeen (2004) identifies these features as "core characteristics" of community mediation out of the nine typical features enumerated by the professional organization of community mediation centers, the National Association for Community Mediation (NAFCM) in 2003.
↵2. The value of delivering mediation services from community-based organizations to disrupted families where parents disagree about child-rearing was brought to the attention of policy makers reviewing Temporary Assistance for Needy Families (TANF) legislation (Moses, 2009).
↵3. The mediation program studied by Ballard, Holtzworth-Munroe, Applegate, and D'Onofrio (2011) was run by a law school clinic where services were pro bono and trained law students rather than volunteers were mediators. Caprez and Armstrong (2001) studied a program that provided mediation services to indigent or low-income families from trained college faculty and students. The status of the mediators with respect to volunteering was ambiguous in both studies.
↵4. The variety of outcomes under consideration here is in response to the concern that equating mediation success with the production of agreements is too constrictive a view of the goal of community mediation: "[a]mong mediation's numerous advantages is its ability to constructively address conflicts, respect each party's perspective, empower individuals to take personal responsibility for conflicted relations, establish mutually beneficial dialogue, and reduce violence. Written settlements are often a by-product of these dynamics, but they are not in themselves a sufficient goal of community mediation" (Hedeen & Coy, 2000).
↵5. See Massachusetts General Law ch.208 §31.
↵6. The practice of mediating disputes that arise in circumstances that involve domestic violence is controversial. Some practitioners and scholars argue that the power imbalance characteristic of domestic violence should preclude the use of mediation. Others claim that safeguards can be built into the mediation process that will minimize the problems with mediating in some domestic violence situations (Gerencser, 1995; Perry, 1994).
↵7. Parties often elect to participate in multiple mediation sessions to address a number of parenting issues.
↵8. Among the listed achievements, one choice focused on parenting plans, three choices addressed the management of between-parent interactions (improve between-parent communication, reduce between-parent conflict, improve skills to resolve between-parent conflicts), two dealt with parent–child relations (increase amount of time with child and improve skills to resolve parent–child conflicts), three concerned family finances (improve family finances, increase non-custodial parent's financial support of child, and reduce welfare independence), two referred to typical third-party involvement (increase awareness of community services, reduce court involvement), and the open-ended "other."
↵9. Between-parent relationship options consisted of between-parent communication, between-parent conflict, and ability to resolve between-parent conflict. The parent–child relations options presented were time spent with child, involvement in child's education or extra-curricular activities, ability to resolve conflicts with child, and personal connection to child. The options dealing with finances were as follows: ability to financially support child, personal financial situation, and dependency on welfare/public assistance.
↵10. An informal inspection of internet websites revealed that private practitioners charge from US$175 to US$300 per hour to mediate divorce and custody issues.
- © The Author(s) 2014
This article is distributed under the terms of the Creative Commons Attribution 3.0 License (http://www.creativecommons.org/licenses/by/3.0/) which permits any use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access page (http://www.uk.sagepub.com/aboutus/openaccess.htm).
Author Biographies
Madhawa Palihapitiya is the Associate Director of the Massachusetts Office of Public Collaboration, a research center at the University of Massachusetts Boston, and the head of its research and evaluation unit. He has over 15 years of experience in the conflict resolution field, both as a practitioner and researcher, with significant work in the areas of mediation, violence prevention, and program evaluation.
Kaila Obstfeld Eisenkraft is a Research Associate at the Massachusetts Office of Public Collaboration, University of Massachusetts Boston. She has a Ph.D. from the City University of New York Graduate School, a J.D. from the City University of New York School of Law, and an M.A. in conflict resolution from the University of Massachusetts Boston.


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The Yugoslavian leading man Bekim Fehmiu plays a charismatic but mean-spirited gypsy, married to the submissive woman (Olivera Vuco). The gypsy couple's various escapades end up in a desperate flight from the Law. The authenticity of I Even Met Happy Gypsies is amplified by the use of genuine Gypsy melodies on the soundtrack; in addition, the film was shot in a near-extinct Gypsy language called Romany, requiring the film to carry subtitles even when released in Yugoslavia. I Even Met Happy Gypsies was the recipient of an award at the Cannes Film Festival, and was later nominated for a "best foreign picture" Academy Award. ~ Hal Erickson, Rovi


text:
A Good Deal: No Evil 022
Round up4.30 / 5.00 1,756 Views
Park Bench
A short film about a park bench4.13 / 5.00 1,274 Views
frog thing
frogggsgsgs3.84 / 5.00 1,521 Views
Nicely done
Man, that was great! Hey, does Pickleman like fried pickles? If you don't know what fried pickles are, go to Memphis and try some. If you get a chance. Humor- name of superhero was pickleman. Keep on delivering these great hits!
Some People
U know this animation WAS GREAT. For one thing iits original it wasn't something you see all the time. And for all the losers that said it sucked I wonder if they have ever made or tried to make a Flash presentation. Anyway Good Job man keep up the good animations!!
Sadly I hate Flash even more now and getting daily 4th after working on this for a few hundred hours didn't really make me want to do more.
So BLAH.
I should make more shit like "Tier". That took a week to make and got a higher score than this.
here is hoping we see more of pickleman!
Nicely done
Very good job! I hope to see more of your work in the future! ^^
luvd it
at first i thought it sucked big but towards the end it was awsome great graphics style is 9 because i liked the dragon and i didnt wanna see it go


text:
Kicky Hot Chocolate
Total Time
Prep 10 mins
Cook 15 mins
I love hot chocolate with cinnamon schnapps. This is an adaptation of the "Favorite Hot Chocolate" recipe by Hershey's.
Ingredients Nutrition
- 1⁄2 cup sugar
- 1⁄4 cup cocoa powder
- 1⁄3 cup hot water
- 4 cups milk
- 3⁄4 teaspoon vanilla
- 1 pinch salt
- 4 ounces cinnamon schnapps
- whipped cream
- cinnamon
- Mix sugar, cocoa and salt in saucepan.
- Stir in water.
- Cook and stir over medium heat until mixture boils.
- Boil and stir 2 minutes.
- Stir in milk and heat, do not boil.
- Remove from heat, add vanilla.
- Pour into mugs.
- Add a shot of schnapps.
- Top off with whipped cream and a sprinkle of cinnamon.
Most Helpful
Yummy! Loved the taste and smell of the cinnamon shnapps added to the chocolate. I, also, cut the recipe down to 2 servings, but wished I had made the full recipe. Will have this again. Thnx for sharing your recipe, Miss Erin. Made for Comfort Cafe Snow Queen Chalet Jan 2010.
This is lovely! I cut it down to one serving and used Hershey's Special Dark cocoa and fat free milk. Also only used 1/2 oz of (hot) cinnamon schnapps because I didn't want the cocoa to be overwhelmed. Skipped the whipped cream to keep it very low fat. Thanks for posting!
This is wonderful! I just love the cinnamon schnapps in it! So good and easy to make. I halved the recipe for DH and I. Very good!


text:
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Rate this file 10 Downloads (last 30 days) File Size: 283 KB File ID: #14819 Version: 1.9
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text: When you have the kind of view this place has, you get away with bad food. But in fact the food is pretty good. It is divided into two sections, one for the restaurant and the other for the pizzeria (note: no pizza in the restaurant, so be sure to specify when you reserve). The restaurant has more quiet, better... More


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Reference ID: i7j6d9u3
Date Registered: 07/14/2015
Username: camille-consul
Gender: Female
Location: CA, US
Blog URL: http://camillereviewsit.blogspot.com NOT VERIFIED
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Camille Consul
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Optimus Futures trading broker review
|August 21st, 2013, 07:22 PM
|#271 (permalink)
Trading Apprentice
Chicago, IL
Futures Experience: Intermediate
Platform: NinjaTrader
Favorite Futures: EMinis
Posts: 34 since Jul 2012
Thanks: 23 given, 25 received
Shout-out to Matt over at Optimus for helping me transfer brokers. Super nice guy and professional, answered all my questions and got me set up to trade live in no time!
So far Rithmic data feed has been rock solid and FAST.


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This plugin makes it easy to add Quicktags to the html - and visual-editor.
remove_accents() for save title and attribute on buttons to allow all characters.
Find out about older changes on the the official website!
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Compatible up to: 4.5-alpha
Last Updated: 10 months ago
Active Installs: 100,000+
1 of 2 support threads in the last two months have been marked resolved.
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Photos | Videos Jeep
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9 Great Off-Road Holiday Gift IdeasDec. 06, 2016
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Jeep Creep: Jeep Tech and Maintenance HelpNov. 28, 2016
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6 Luxury Off-Roaders That Can Still Wheel
These vehicles may be well appointed, but they arent too shabby off of the highway either
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A closer look at how Jeep changed the new Compass SUVNov. 23, 2016
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Get that aggressive off-road look and protect your paint with these all-terrain fender flares for Cherokee XJ modelsNov. 10, 2016
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Youve heard the term but do you know what this newest off-road trend really is and where it started? We break down overlanding to fill you inNov. 07, 2016
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A recap of our 1999 Jeep Grand Cherokee WJ projectJul. 16, 2015
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We install Detroit E-Lockers and new G2 gears and differential covers on our Jeep Grand CherokeeApr. 09, 2015
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We upgrade the rear bumper on our WJ Jeep to a more trail-worthy model from Trail ReadyFeb. 04, 2015
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We test the special edition Jeep Wrangler that pays homage to the Willys-Overland CJ-2A.Apr. 27, 2016
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July 27, 2011
CSB-SYSTEM INTERNATIONAL INC. PLAINTIFF/COUNTERCLAIM DEFENDANT,v.SAP AMERICA, INC., DEFENDANT/COUNTERCLAIM PLAINTIFF.
AND NOW, this 27th day of July, 2011, upon consideration of Plaintiff CSB-System International Inc.'s Opening Claim Construction Brief (Docket No. 31), Defendant SAP America, Inc.'s Opening Claim Construction Brief (Docket No. 32), Defendant's Opposition Claim Construction Brief (Docket No. 41), Plaintiff's Opposition Claim Construction Brief (Docket No. 42), Plaintiff's Post-Hearing Memorandum (Docket No. 60), and Defendant's Post-Hearing Memorandum (Docket No. 61), together with all testimony, evidence, and arguments presented at the June 7, 2011 hearing held pursuant to Markman v. Westview Instruments, Inc., 52 F.3d 967, 976 (Fed. Cir. 1995), aff'd, 517 U.S. 370 (1996), it is hereby ORDERED as follows:
1. The disputed claim terms in U.S. Patent Number 5,631,953 ("'953 Patent") are CONSTRUED as follows:
a. "EDP System" means "Electronic Data Processing system consists of computers and software for the processing of data, including a shared database."
b. "Telephone Extensions which are directly connectable to a telephone network selected from the group consisting of a public ISDN telephone network and Euro ISDN telephone network" means "telephones and/or other devices such as fax devices of the type that can be directly connected to either the public ISDN or Euro ISDN telephone network." This phrase denotes a closed Markush group.
c. "Personal computer" means "a desktop, floor-standing, or portable microcomputer that usually consists of a system unit, a display monitor, a keyboard, one or more diskette drives, internal fixed storage, and an option printer. A PC is designed to give independent computer power to a single user."
d. "Integration element" means "a component that converts signals from the intelligent telephone system into data records, which it sends to the personal computer, and receives data records from the personal computer, which it can then convert into signals sent to the intelligent telephone system."
e. "Server"means "a computer on the Local Area Network (LAN) that responds to requests from telephone software and provides shared services to the personal computers/workstations in response to queries from clients."
f. "Data record"means "a set of data by which information is electronically sent from the integration element to the personal computer and back, and by which information is queried from a database by a client using a personal computer."
g. "ISDN" means "integrated services digital network."
h. "Intelligent telephone system" means "a telephone system capable of accepting signals to control its functions and sending signals containing information."
i. "SDLC" means "an acronym for synchronous link data."
j. "Connection element" means "intermediate hardware that connects other pieces of hardware."
k. "Selected from the group consisting of an SDLC connection element and an ISDN connection element"is a closed Markush group.
2. Defendant's argument that certain terms of the '953 Patent are indefinite is DENIED WITHOUT PREJUDICE to Defendant's right to re-raise it during summary judgment proceedings, and the disputed terms are CONSTRUED AS FOLLOWS:
a. "An appropriate information" means "the information useful for caller identification and other application purposes."
b. "A necessary signal" means "the signal that is sent from the integration element to the intelligent telephone system to obtain the function desired by the client making the request."
c. "Is formed so that it is possible" means "the integration element software is configured so as to make it possible to use the connections and data sharing of Claim 2 so as to hold a conference among the connected telephone extensions."
d. "Where required" means "where a competent party needs to clarify questions and data of the caller."
e. "An applied speech and data communication" means "the telephone and data communication originally established in Claim 2 between the caller and the agent/client as now including one or more additional agents/clients."
f. Claim 6states that "data may be exchanged between the caller and the competent party as described in claim 1, and even if a conference call is established, this data and additional data can be shared among all of the competent parties while possibly excluding the caller from sharing the additional data."
3. Defendant's post-Markman hearing request to construe phrases not previously addressed by the parties' opening claim construction briefs is DENIED WITHOUT PREJUDICE.
It is so ORDERED.
Ronald L. Buckwalter
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text: Hey guys, I'm sure we've all seen the amazing feats of the iPhone DevTeam(if you haven't, then you're whole life is wasted!) and ZodTTD and all the other great developers out there. It really amazes me how good they are at all these and after the jailbreak of 2.0 which we've all been waiting for, I'm kinda inspired by the DevTeam to become a jailbreak developer but I have absolutely no idea of what to learn and all. I don't know a thing about programming except maybe the name "C++" and "Objective C" but no further knowledge. My aim is not just to develop apps but also to find ways to jailbreak new firmwares like what the DevTeam does. Does anyone here know what I should learn, where I should begin and all that? Cause I really want to comtribute to the jailbreaking community and I swear that I won't end up like Zibri. Keep in mind that I'm on a Vista and not a Mac so I don't know if I should learn Objective C or something else. Oh, and for those of you who's gonna tell me something like "The grass is always greener on the other side for this type of things, get a Mac", well, I'm 13 right now so "getting a Mac" is impossible. And so is persuading my parents to get me one. Does anyone know what should I learn for developing and doing the stuff that the DevTeam does? If you do, I beg for you to help me! For all you awesome developers out there, how did you guys learn all your skills? Links or personal recounts would be very greatly appreciated.


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APPEAL from the Circuit Court of Cook County; the Hon.
ARTHUR L. DUNNE, Judge, presiding.
Defendant, Ruthe Carbona, appeals from a denial of her motion for a new trial based on newly discovered evidence. After a jury trial, defendant was convicted of murdering her husband and sentenced to a term of 20 to 60 years. On direct appeal, the conviction was affirmed by this court in People v. Carbona (1975), 27 Ill. App.3d 988, 327 N.E.2d 546. Subsequent petitions for rehearing in this court, leave to appeal to the Illinois Supreme Court (60 Ill.2d 598), and for certiorari to the United States Supreme Court were denied. (424 U.S. 914, 47 L.Ed.2d 319, 96 S.Ct. 1114.) The issue for review is whether the trial court properly dismissed defendant's motion for a new trial without an evidentiary hearing.
Defendant was convicted in the circuit court of Cook County and sentenced on June 23, 1973. On May 6, 1976, defendant filed a "motion for a new trial based on newly discovered evidence" without stating a procedural basis for her motion. The State sought to dismiss defendant's motion, and after a hearing on June 3, 1976, the court, without holding an evidentiary hearing, sustained the State's motion and denied defendant's motion for a new trial. Defendant appeals from that denial and urges that an evidentiary hearing should be held on the defendant's motion for a new trial.
We affirm the ruling of the trial court.
A factual setting which formed the basis for defendant's claim of newly discovered evidence occurred at defendant's trial when she was asked on cross-examination whether she had been on a houseboat with a builder from Florida some weeks after the incident when her husband was shot. She replied, "Not that I remember." On rebuttal, the State called Robert Dalziel, who testified that in July of 1972, defendant was on his houseboat on Fox Lake. Dalziel stated a Mr. Jacovac who, with his wife was also on the houseboat, had used the words "cop killer' with respect to defendant. Dalziel testified George Dolan, who was also present at that time, later asked her how she had become known as the "cop killer." In reply she stated, "I was glad he was awake and wasn't sleeping when I shot him." Dalziel then asked her where her kids were, and she replied, "I waited until my kids went to school. My kids were at school."
On cross-examination, Dalziel testified he was a friend of Officer Marinelli, one of the investigating officers in the case, who had purchased construction material from Dalziel's firm, and that he had called Marinelli after he got into a fight with a man in a bar. Dalziel testified that the first time he told anyone about the July 1972 incident on the houseboat was in the latter part of February 1973, when he related it to Officer Marinelli in a bar.
In surrebuttal, John Jacovac testified he was on the boat with Robert Dalziel on the weekend of July 4, 1972, along with his wife, defendant and George Dolan. He stated he had heard rumors that defendant had been charged with murdering her husband, but he did not know defendant had an alleged nickname of "cop killer" and did not hear the term used. Jacovac's wife testified that during the day they were on the boat there was never any mention or discussion of defendant shooting her husband nor did anyone else use the term "cop killer" that day. Ruthe Carbona then testified that she was on the boat on the July 4 weekend, but nobody referred to her as a "cop killer."
Sometime after her conviction, but before post-trial motions were argued, defendant wrote a letter to the trial judge asking for a new trial. In the letter she stated she could give him George Dolan's telephone number in Florida, and Dolan would be able to verify she had never said what Dalziel testified she had. The letter was filed on June 6, 1973, at the request of her attorney and was considered by the court at the hearing in aggravation and mitigation after the court denied defendant's extensive motion for a new trial.
The newly discovered evidence which defendant relies on is an affidavit from George Dolan. He stated he was on a houseboat owned by Robert Dalziel on July 2, 1972, but at no time did he ever hear anyone use the words "cop killer" with reference to defendant or anyone else. The affidavit further stated that in February or March of 1973, he received two or three telephone calls from two different men, whose names he could not recall, but who identified themselves as assistant State's Attorneys from Chicago. They related to him that Robert Dalziel told them that while he was on the houseboat he overheard Jacovac refer to defendant as a "cop killer" and that later that same day, Jacovac asked her how she got that name and she told him that she had shot her husband when he was awake and after waiting until her children had gone off to school. Dolan stated in the affidavit that he had never heard what Dalziel said and never heard such a conversation at any time.
Defendant contends Dolan's affidavit is crucial because Dalziel's testimony was damaging, the State's case against her was "far from strong" and the State deliberately kept from the defense its knowledge of Dolan's denial of Dalziel's assertions. Defendant also stated that she exercised due diligence in attempting to ascertain the whereabouts of George Dolan subsequent to the mention of his name in Dalziel's testimony.
• 1 Although defendant has failed to specify the procedural basis of her motion, we will consider it to be a petition pursuant to the Illinois Post-Conviction Hearing Act. (Ill. Rev. Stat. 1975, ch. 38, par. 122-1 et seq.) We note defendant is foreclosed from other possible procedural devices. Section 116-1(b) of the Illinois Code of Criminal Procedure (Ill. Rev. Stat. 1971, ch. 38, par. 116-1(b)) provides that relief may be granted only if a motion is made within 30 days following the return of a verdict; and relief under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 72) is not available on the grounds of newly discovered evidence. (People v. Colletti (1971), 48 Ill.2d 135, 268 N.E.2d 397; In re Pyles (1976), 40 Ill. App.3d 221, 351 N.E.2d 893; People v. Wade (1977), 51 Ill. App.3d 721, 366 N.E.2d 528.) A writ of habeas corpus is appropriate only where the judgment of commitment is void and not merely erroneous. People ex rel. Kazubowski v. Ray (1971), 48 Ill.2d 413, 272 N.E.2d 225, cert. denied (1971), 404 U.S. 818, 30 L.Ed.2d 118, 92 S.Ct. 65.
As stated by the court in People v. McGinnis (1977), 51 Ill. App.3d 273, 275, 366 N.E.2d 969, 971:
"However, a post conviction petitioner is not entitled to an evidentiary hearing on the petition as a matter of right. (People v. Meeks (1975), 31 Ill. App. 396, 334 N.E.2d 253.) The trial court should grant an evidentiary hearing only if the petition demonstrates a violation of constitutional rights. (People v. Arbuckle (1969), 42 Ill.2d 177, 246 N.E.2d 240.) It is petitioner's burden to set forth in what respect his constitutional rights were violated and support the allegations with affidavits, records, or other evidence which demonstrates a violation of these rights. Absent such a showing, the court may dismiss the petition without a hearing. People v. Farnsley (1973), 53 Ill.2d 537, 293 N.E.2d 600."
• 2 The knowing use of perjured testimony by the State to secure a conviction of an offense denies defendant's constitutional right to a fair trial and due process of law and constitutes a ground for post-conviction relief. People v. Rose (1969), 43 Ill.2d 273, 282, 253 N.E.2d 456; People v. Martin (1970), 46 Ill.2d 565, 264 N.E.2d 147; Brady v. Maryland (1963), 373 U.S. 83, 10 L.Ed.2d 215, 83 S.Ct. 1194; Napue v. Illinois (1959), 360 U.S. 264, 3 L.Ed.2d 1217, 79 S.Ct. 1173.
However, the issue of perjured testimony may be waived if not raised when a previous appeal was taken. (People v. Brasfield (1966), 35 Ill.2d 560, 221 N.E.2d 225.) Only when application of the waiver principle would be inconsistent with fundamental fairness has this rule been relaxed by the court. People v. Agnello (1966), 35 Ill.2d 611, 221 N.E.2d 658; People v. Armstrong (1975), 29 Ill. App.3d 1029, 331 N.E.2d 834.
• 3 Application of the waiver principle would not be inconsistent with fundamental fairness in this case because defendant's letter to the trial judge indicates that she knew of Dolan's whereabouts prior to the hearing on post-trial motions, and defendant could have raised what she characterizes as "newly discovered evidence" on direct appeal. A judgment of the appellate court on appeal from conviction is res judicata regarding all issues which were raised or could have been raised on direct appeal. People v. Smalley (1975), 33 Ill. App.3d 677, 338 N.E.2d 193.
We also conclude that Dalziel's testimony, even if viewed as perjured, did not contribute to defendant's conviction. (People v. Shannon (1975), 28 Ill. App.3d 873, 329 N.E.2d 399.) On direct appeal this court concluded that defendant had been found guilty beyond a reasonable doubt based upon circumstantial evidence as well as upon direct testimony. The court stated: "The conclusive nature of the evidence tended to prove that the defendant, from the top of the landing, shot her husband while he was descending the stairs." 27 Ill. App.3d 988, 1001, 327 N.E.2d 546, 559.
• 4 At most, the "newly discovered evidence" presented by defendant was merely cumulative because Dalziel's testimony had already been contradicted at trial by both Mr. and Mrs. Jacovac, and Dalziel had been cross-examined as to his personal relationship with Officer Marinelli. In view of the strong circumstantial evidence against defendant, Dolan's affidavit cannot be considered to be conclusive of defendant's innocence. To warrant a new trial based on newly discovered evidence, the new evidence must be of such a conclusive character that it would probably change the result on retrial, and it must not be merely cumulative. People v. Allen (1976), 35 Ill. App.3d 342, 341 N.E.2d 431; People v. Hughes (1973), 11 Ill. App.3d 224, 296 N.E.2d 643; People v. Howze (1972), 7 Ill. App.3d 60, 286 N.E.2d 507.
The post-conviction petition is not a vehicle to be used to relitigate the defendant's guilt or innocence, but is a means to determine whether defendant has been denied constitutional rights. (People v. Funches (1972), 9 Ill. App.3d 372, 292 N.E.2d 187.) On trial and on direct appeal, the court resolved the issue of reasonable doubt against defendant and the determinations are res judicata.
• 5 The allegations that the State used perjured testimony which led to the defendant's conviction are conclusionary in nature. Defendant has failed to support her conclusionary allegations of perjury with legally available specific factual data. Such is essential in order for the charges made in defendant's petition to require an evidentiary hearing in a post-conviction proceeding. (People v. Shannon (1975), 28 Ill. App.3d 873, 329 N.E.2d 399.) Defendant has attempted merely to relitigate her guilt or innocence. This she cannot do in this proceeding.
For these reasons we conclude that as a matter of law, no evidentiary hearing on the motion of defendant for a new trial based upon newly discovered evidence was warranted. Accordingly, the judgment of the circuit court of Cook County is affirmed.
Judgment affirmed.
JOHNSON and ROMITI, JJ., concur.
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When fans and media members criticize Redskins defensive coordinator Jim Haslett, they often turn to the NFL rankings of his defenses, as judged by yards allowed, which is the NFL's default ranking system. Haslett, though, does not think that's the best measuring stick. (And I think plenty of statheads would agree.)
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From WashingtonPost.com
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text: 2 My Krishna is Blue by Ashleigh Bayer Best Sellers Trending Art Best Selling Paintings Best Selling Abstract Art Prints Best Selling Photography Best Selling Posters Popular Subjects Animals Architecture Childrens Art Floral & Still Life Landscape Maps Military & War Music Science Fiction & Fantasy Skylines Spiritual Transportation Featured Artists Brickhut Cozamia Eric Joyner Erin Ashley James Niehues Jennifer Lommers Jonas Gerard Marcia Baldwin Mark Lawrence Michael Creese Michael Tompsett Collections ArtLoversOnline Design Pics The Fine Art Masters Panoramic Images Retro Images Archive StockTrek Images WorldWide Archive Create Your Own Photo Canvas Custom Frame Photos My Krishna is Blue by Ashleigh Bayer (2009) Sign inCustomer Service Cart Houzz Share on Tumblr Tweet +Add to Cart Available Sizes inches / cm Petite $57.50 Small $69.00 Medium $86.25 Large $115.00 Grande $230.00 Massive $345.00 » component prices Print Frame Mats Glazing Fitting Customize Framing or choose Canvas Print Customize Canvas or choose Framed Art Print Click to save as artist's preferred kit Paper Enhanced MattePremium Photo GlossyPremium Photo LusterUltraSmooth Fine ArtHahnemuhle Photo Rag 308Hahnemuhle Fine Art PearlHahnemuhle Torchon Mounted? ★★★☆☆ Details Paper print only, too large to frame online. Frames Choose a color » ø Top Mat | Middle Mat | Bottom Mat ø Glazing Style Soft EdgeWhite EdgeBlack EdgeImage WrapUnstretched 1½ inches thick (3.75 cm) Product Details Artist grade canvas, archival inks, wooden stretcher bars, and UVB protective coating Availablity Usually ships within five business days. Artist Ashleigh Bayer Platinum MemberCollection SaintsDescription High quality giclee print of an original painting of Krishna.'My Krishna is Blue.' The original painting was painted with acrylic paint. Bright colors of blue, orange and yellow. Krishna has his flute and is with peacocks, surrounded by trees, a lake, nature. Starry night sky. Spiritual emphasis. Inspiring divine love. Hari Krishna. Painting was inspired by my own meditation practice and my desire to find in this world, 'my best friend.' Someone I can always depend on no matter what happens. 'My Krishna' is the image that came to me as an answer to my prayers Popular Configurations Stretched Canvas Modern Lines Contemporary White Classical Baroque Unframed print Explore More from the same collection View All Ashleigh Bayer's Recent Work About the artist Ashleigh Bayer, Nevada City Member Since May 2009 Artist Statement Hi my name is Ashleigh and welcome to my magical land of milk and honey with paintings that can fill your home and space with endless wonder and light!It is a blessing to be able to share with you affordable high quality Giclee prints, from my original pieces of art work. My intent is that the art you purchase will serve as daily encouragement and support for your own divine purpose.Thank you for stopping by! A true joy to share these inspirations with you! Community Comments Catalog Details Product No 4393194 Subjects Animals, Birds, Dreamscapes, Fields & Meadows, Hinduism, Landscape, Magical, Motivational, Religion, Science Fiction & Fantasy, Spiritual & Religious, Spirituality Style Fine Art Medium Tags Ashleigh, Bayer, Krishna, astral, blue, flute, hari, meditation, mystical, peacock, peacocks, spiritual, trees, visionary Create Frame Photos Photos on Canvas Sell Sell Art Online Become an Affiliate Get a Trade Account Common Questions Company Info About Us Contact Customer Comments Return Policy Social Tumblr Pinterest Twitter Facebook Instagram Our Wall Art Family CanvasOnDemand | Photo Canvases GreatBigCanvas | Decorate Huge Terms of Service Privacy Policy Copyright © 2016