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"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
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
"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-yearold 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.
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
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.
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Stan J. Caterbone
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
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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
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January 4, 2008
WELCOME Negotioations
TO THE with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
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
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
info@lancmed.org or call 293-7231.
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
Frank Albrecht
Lancaster City Schools.
Charles Bonner
Marine veteran peacemaker
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
Robert Brock
Doug Burkholder
Philhaven
Lisa Conner
Grace Byler
Retired Executive Director,
Lancaster Mediation Center
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January 4, 2008
Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
Patricia Hopson-Shelton
Beverly Groff
Millersville University
Teacher at Pequea Valley High
School.
Michael Landis
Dr. Donald Kraybill
Elizabethtown College
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
John Lapp
Celso A. Mesias
Roberto Monzon
Barbara Mitchell
Manos House.
Teacher at McCaskey High
School
Adrian Rodriguez
Lynne Radcliffe
Transition to Community.
Wayne Scott
Advanced Media Group
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
Promoter of mediation
(Deceased)
Marcus Smucker
Barb Toews
Mediator in churches.
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
Urdaneta Photography
Millersville University
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
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.
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
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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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
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.
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.
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.
b.
c.
d.
e.
f.
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.
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.
mediation.
The mediator shall have no liability for any act or omission in connection with the
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
10.
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.
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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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
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
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
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.
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