NBA in FLA

Some practitioners did not take note of the change last summer that rejecting a nonbinding arbitration award went from filing for trial de novo to requiring including notice requesting rejection. Effective July 1, 2024, amended rule 1.820(h) requires a notice of rejection of the arbitration decision and request for trial. This was done to to clarify the process for rejecting an arbitrator’s decision and requesting a trial de novo. Under the amended rule, an arbitration decision is deemed rejected only if such request is filed with the court within 20 days of service of the arbitrator’s written decision. See In re Amends. to Fla. Rules of Civ. Proc., 386 So. 3d 876, 878 (Fla. 2024). In a recent Fourth District Court of Appeal case, it was held that a request for trial de novo, which does not also include a notice of rejection of the arbitration decision, does not comply with amended rule 1.820(h). If a notice of rejection of the arbitration decision and request for trial is not timely made, the decision must be referred to the presiding judge, who must enter such orders and judgments as may be required to carry out the terms of the decision as provided by Section 44.103(5), Florida Statutes. See more here-- https://tinyurl.com/2rbdjdes

May Mediation Mentoring Academy

Whether you are a veteran neutral, new to dispute resolution practice, or an attorney representing clients in mediation or arbitration, our upcoming Advanced Mediation Techniques Mentoring Academy next month in Tampa on May 2-3, 2025 can help you enhance your negotiation and mediation skills. Sign up now as this great interactive program featuring some of the best mediators in Florida is limited in size of participants and is only offered by us every other year! Practice techniques and receive live, immediate feedback to make you a better mediator. Gain appropriate, ethical mediation techniques to address a complex litigation case. Advance your experience in handling hurdles that can appear in complex cases. Improve how you establish “mediation momentum” and move the parties forward to close the deal. Get pro tips on testing party-imposed limitations without overstepping ethical boundaries to bring the parties to an acceptable resolution. Learn technology tips for facilitating the parties’ agreement that can enhance your practice and improve your clients’ experiences. Increase your statewide network of mentors and co-mediators, all while enjoying a stimulating, interactive opportunity to expand your skills in a risk-free environment. See more here-- https://member.floridabar.org/s/lt-event?id=a1RWQ000004oK4T2AU and https://flabaradr.com/mentoring-academy/

Florida Mediation Reporting Rule Comments Due 3/31

The Supreme Court of Florida's Committee on Alternative Dispute Resolution (ADR) Rules and Policy is seeking comments on proposed revisions to the Florida Rules of Civil Procedure, the Florida Small Claims Rules, the Florida Rules of Juvenile Procedure, the Florida Rules of Appellate Procedure, and the Florida Family Law Rules of Procedure. These rules are revised to include subdivisions entitled Report of Mediation and Adjournment for Further Mediation, which are intended to compliment and clarify the scope of Rule 10.360(e), Reporting Outcome, and Rule 10.360(f), Presence, Florida Rules for Certified and Court-Appointed Mediators. With these changes, after an initial mediation session, a mediator could report agreement, no agreement, partial agreement, or adjournment for further mediation. No other descriptors, modifiers, comments, or recommendations may be included in the report unless all parties consent in writing. However, nothing in the amendment prohibits the mediator from identifying the parties, counsel, and participants present at the mediation and whether present physically or by communication technology. In a mediation involving more than two parties, a mediator may now report agreement or partial agreement as to any parties who agree and no agreement as to the other parties. The proposed revisions to the Florida Rules of Civil Procedure, the Florida Small Claims Rules, and the Florida Rules of Appellate Procedure also contain a subdivision entitled Status Reports in response to recent civil case management rules adopted by the Florida Supreme Court that have changed the way lawsuits are handled in state court with more of a federal-style scheduling track. Comments to the ADR Rules and Policy Committee should be made care of the Florida Dispute Resolution Center at: drcmail@flcourts.org on or before Monday, March 31, 2025, at 5:00 p.m. EDT. See more on the proposed language here-- https://tinyurl.com/4yj3cv5x

Speaking at 2025 UCF Mediation Tournament

This month, I am invited back to speak at University of Central Florda Downtown Orlando Campus during an international mediation tournament hosted by UCF's competition mediation team which I once coached. UCF’s Mediation Team, part of the Department of Legal Studies in the College of Community Innovation and Education, competes in mediation tournaments with students from across the globe through the International Academy of Dispute Resolution (INADR). This organization aims to build worldwide recognition of the power of dispute resolution processes to peacefully resolve conflicts and promote conciliation. I will appear Friday afternoon, February 7th at Dr. Phillips Academic Commons where about fifty undergraduates from around the country and a few from outside the US are expected to attend. I plan to address the importance of the language of mediation. The event gives students the opportunity to experience what it is like to be a mediator, acting as an attorney with a client, with an emphasis on advocacy and education. The teams are then judged for their work by experienced mediators. Experience the art of conflict resolution as student teams compete to simulate real-world mediations between disputing parties. The closing awards ceremony is open to the public and will take place in DPAC-106A. See more here-- https://events.ucf.edu/event/3620288/ucf-mediation-tournament and https://inadr.org/calendar/registration-now-open-university-of-central-florida-conciliator-mediation-tournament/

Orlando Mediator is #4 in 2025!

Over the past 15 years, I have tried to bring awareness to the profession of Alternative Dispute Resolution (ADR) through blogging about mediation, arbitration and other forms of acting as a neutral online. Once again, my little Orlando Mediator blog received the honor of being named in the top five among dispute resolution blogs out of the 50 best ranked on the web by traffic, social media followers, domain authority and freshness. I'm maintaining some good company on this list with established dispute resolution blogs around the world that actually have paid professional writers. Orlando Mediator is recognized by Feedspot along with such distinguished blogs published by big names like Kluwer and even above those by prominent ADR organizations like the American Arbitration Association (AAA), The Chartered Institute of Arbitrators (Ciarb) and International Institute for Conflict Prevention & Resolution (CPR). Feedspot's experts chose Orlando Mediator as number four in the world for what their founder calls the most comprehensive list of Dispute Resolution Blogs on the planet! Feedspot says it is the internet’s largest human curated database of bloggers and podcasts. Their list combines RSS feeds allowing users to keep track of many different websites in a single news aggregator. I am humbled again to know this labor of love for my chosen field is appreciated. I do enjoy keeping everyone informed on the latest trends and happenings in mediation and related fields through this outlet. Thanks again for your readership and support since 2010! The full list is available here--https://bloggers.feedspot.com/dispute_resolution_blogs/

Fla Bar ADR Section 2025

Whether you are a veteran neutral, new to dispute resolution practice, or an attorney representing clients in mediation or arbitration, involvement in the ADR Section can help you enhance your negotiating skills. This coming year, please engage with us at The ADR Section Executive Council meeting which will meet on Friday, January 24, 2025 from 2:00 p.m. – 5:00 p.m. during The Florida Bar Winter Meeting at Rosen Shingle Creek in Orlando. Note that it will be an in-person meeting only with no remote attendance option available. The ADR Section offers many opportunities to deepen your expertise in dispute resolution and further contribute to our chosen field. Our 1,000+ members include lawyers from all over Florida experienced in multiple areas of law. Join us at the next meeting with your thoughts and current issues so that together we can make dispute resolution in Florida even better. Also, be sure to put on your calendar our upcoming Advanced Mediation Techniques Mentoring Academy now in Tampa on May 2-3, 2025. Sign up now as this great interactive program featuring some of the best mediators in Florida is limited in size of participants and is only offered by us every other year. Hope everyone enjoys the holiday season and wishing you much success in settling cases in the coming year! See more here-- https://member.floridabar.org/s/lt-event?id=a1RWQ000004oK4T2AU and https://flabaradr.com/mentoring-academy/

Florida Arbitrator Rule Changes

The Supreme Court of Florida just issued an opinion on its Alternative Dispute Resolution Rules and Policy Committee's petition to amend the Florida Rule for Court-Appointed Arbitrators 11.010, entitled Qualification. The amendments to Rule 11.010 are intended to clarify the qualifications for Florida court-appointed arbitrators. Effective immediately, the court modified the rules such that a sole or chief court-appointed arbitrator must be a member in good standing of The Florida Bar for the preceding five years, unless the parties agree in writing that the sole or chief court-appointed arbitrator may be an individual who has been for the preceding five years a member in good standing and eligible to practice law in any United States jurisdiction, which includes the District of Columbia and any state, commonwealth, territory, or possession of the United States. In addition, the rule is amended to clarify that a non-licensed individual who is not currently disbarred or suspended from practice in any jurisdiction may serve as a non-chair arbitrator on an arbitration panel with the written agreement of all parties. This change enables parties to select from a wide variety of neutrals to be utilized in the arbitration process with some safeguards particularly focused on the chair, but allowing for wings such a non-lawyers with related expertise that may not have been otherwise qualified. See more from Florida Supreme Court case number SC24-0442 here-- https://tinyurl.com/fv45n4p6