Orlando Mediator Lawrence Kolin explores current issues in Alternative Dispute Resolution, including mediation and arbitration of complex cases by neutrals resulting in settlement of state and federal litigation and appeals. This blog covers a wide variety of topics-- local, national, and international-- and includes the latest on technology and Online Dispute Resolution affecting sophisticated lawyers and parties to lawsuits.
Wednesday, December 28, 2016
Online Dispute Resolution Update
Thursday, December 15, 2016
Gawker Settlement Approved in BR
Friday, December 9, 2016
Wells Fargo Arb Clauses Fair Game in Fraud Cases?
Thursday, December 1, 2016
Anniversary of E-Discovery Amendments
Monday, November 21, 2016
An opportunity for mediation
As we adjust to the new paradigm resulting from the election, we are still struggling to balance the poles whose swing ushered in such change. We are subsumed by violent protests, physical and verbal attacks — the immature reactions of those who reside in the extremes. Negativity is the dominant theme as it hovers menacingly over our words and actions. Immersed in the present, worried about the future, we forget that our past is full of much greater hardships that were not only endured, but conquered. Any shift, seismic or minuscule, affords opportunities to evolve and prosper in the newly-created landscape. Typically, this is viewed pejoratively, as when financiers reap huge profits during recessions. But, exploitation need not be construed as negative. The forces of cooperation and compromise must be predatory, need to swoop in as a falcon would to take advantage of the opportunity to bridge our current gulf. Now is the opportune time for mediation to rise. We have proven that we are adept at fraction. Entire industries are devoted to furthering the divides that reside within our population; legal and media chief among them. We have mechanized the process of conflict, have given hate more than enough venues. Consequently and inevitably, our society has become so intensely stratified and segmented that it is nigh impossible to spot a cohesive whole. We are not united, we are untied. To again coalesce, we need guidance from those who have been trained to bring about cohesion. Mediators have devoted their lives to that cause and no time seems more apt for their ascendancy. Mediators are used to dealing with pessimism. Almost every mediation starts with declarations from the adverse parties that there is no way that the problem will be solved. As a litigator salivates over the thought of vanquishing the opposition, the mediator relishes the chance to bring two people together who are doing their utmost to stay apart. He does not shy away from a difficult situation, knowing that hardened hearts can soften with the right dialogue and the appropriate empathy. Mediators are used to dealing with fear. Because of the voluntary, non-binding nature of the mediation process, the fear of failure is absent, or at least should be. This fearlessness imbues the mediator with the ability to be more bold, more creative, more inspirational with his approach. The more seemingly intractable the problem, such as in our current national crisis, the more that the mediator can and must risk in order to close the gap. With the stakes at their highest, the potential for life-altering outcomes is within the mediator’s grasp. Mediators are used to dealing with pettiness. The mediator’s ears have heard levels of name-calling that would shame a second-grader. The mediator witnesses the most inconsequential details forming the basis for the most intense disagreements. He has seen people stand on principles so flimsy that they should be doused in marinara. He has been unable to prevent a person from walking away from an excellent compromise because of nothing but pure, unadulterated spite. The lack of grace is dispiriting, but it does not dissuade the mediator from his chosen endeavor. Mediators are used to dealing with rage. To remain placidly in the middle while each side stokes its emotional wildfire is the ideal to which every mediator is devoted. The fisticuffs are not always figurative. There are times when bodily harm is attempted, if hopefully not achieved. Mediators should carry umbrellas to shield themselves from the spittle that flies from those whose bellicosity leaves their minds and jaws unhinged. But, even in the face of this venom, a volatile environment is the mediator’s preferred habitat. Mediators are used to dealing with errors. The mediator does not operate in a world where the prevailing fiction is that perfection is possible. He is comfortable with flaws, his own and those of the people that surround him. The mediator intuitively understands that facts are relative to one’s perspective, that there are no absolute truths. It is the recognition of mutual culpability and vulnerability that allows the mediator to construct positive solutions. The mediator’s experience prepares him perfectly for this new, fractured epoch. It is not the litigators who will kill their golden goose of conflict. It is not the bankers who will preach abnegation. It is not the doctors who will stitch our psychic wounds, their hands being restrained by the overlords of insurance. No, it is the mediators who must assume the mantle of leadership to deliver us from a misaligned destiny.-T.J. Voboril http://www.vaildaily.com/opinion/vail-daily-column-an-opportunity-for-mediation/
Friday, November 18, 2016
ADR Part of Long-Range Plan for FL Courts
Tuesday, November 15, 2016
Injunction Blocks New CMS Arb Ban
Friday, November 4, 2016
I Need Your Vote!
Sunday, October 30, 2016
Water Wars Start On Halloween
Wednesday, October 26, 2016
America's Cup Arbitration
Tuesday, October 18, 2016
Pushback By Nursing Homes On CMS Arbitration Ban
Tuesday, October 4, 2016
Mediation Week Professionalism Webinar 10/17
Friday, September 30, 2016
Beware Mediation Certificates of Authority
Thursday, September 29, 2016
Long-term Care Arbitration Attacked
Sunday, September 18, 2016
Bruce Willis's Yippee Ki-Yay Arbitration Award
Sunday, September 11, 2016
Uber Arbitration Agreements Upheld
Wednesday, August 31, 2016
Yosemite Names Settlement Stalls
Thursday, August 11, 2016
Join me for 8/31 CLE Mediation Webinar!
Friday, August 5, 2016
Trump Confidentiality Arbitration
Tuesday, August 2, 2016
Secret Water Wars Mediator
Sunday, July 31, 2016
Gangs Make Peace
Wednesday, July 27, 2016
Join me for PMI in Orlando 8/21!
Thursday, July 21, 2016
Primate Proclivity for Peace?
Friday, July 8, 2016
Why Can't We All Just Get Along?
Wednesday, June 29, 2016
OneOrlando Fund Consults Neutral
Thursday, June 23, 2016
New ESI Order in Palm Beach 7/1
Saturday, June 18, 2016
Special Master Services Streamline Discovery
Wednesday, June 1, 2016
Next Month Rev. Arb. Code Applies Across the Board in FL
Tuesday, May 31, 2016
Join us in JAX for CME 6/2!
Tuesday, May 17, 2016
Free Arbitration CLE 6/1/16 - Join us!
Friday, May 6, 2016
Saturday, April 30, 2016
SEC Drafts Rules For Mediation
Sunday, April 24, 2016
Deflategate and latest NFL vs. NFLPA arbitration ruling
Monday, April 18, 2016
NFL No-Cap Concussion Settlement Approved
Monday, April 4, 2016
Arbitration to the Main Stage
Tuesday, March 29, 2016
Special Master Scolds in Water Wars
Wednesday, March 16, 2016
China Sea Arbitration
Thursday, March 10, 2016
Sheen 'Winning' Argument For Sex Arbitration
Charlie Sheen and his former sex companion Brett Rossi are being sent to arbitration to determine whether Rossi's lawsuit against Sheen over his previously undisclosed HIV status will be decided by an arbitrator or a judge. Apparently, Sheen's girlfriend signed a non-disclosure agreement (NDA) that included a mandatory arbitration provision. Reportedly, Sheen's attorneys asked the court to send the matter to arbitration, while Rossi's attorneys argue the entire agreement is illegal and the validity of the contract should be decided by a judge. A Los Angeles Superior Court has now ruled in favor of Sheen's petition to compel arbitration, finding "The arbitration agreement expressly indicates that any questions concerning whether or not the agreement should be resolved by way of arbitration are left to the arbitrator." The couple's agreement “purports to govern ‘any and all disputes, claims or controversies between us of any kind or nature whatsoever.’” The court rejected arguments that because the purpose of the NDA was to facilitate sex for money the entire agreement is void. An arbitrator will now decide arbitrability as has been the trend in legal rulings of late. See story here-- http://bit.ly/1R8YbhF
Wednesday, March 2, 2016
AHLA Amends Arbitration Rules
The American Health Lawyers Association (AHLA) developed the first national roster of arbitrators, mediators, and hearing officers with health law expertise. It remains the only national service dedicated exclusively to resolving disputes in the health care industry. Its board approved amendments to the current rules, which will take effect on March 14, 2016. These are the key substantive changes:
Default Timeframe: The goal is now to issue a final award in twelve months, not eight.
Filing Fee for Counterclaim: To file a counterclaim or third party claim, a party must now pay the same amount as the fee for filing the claim.
Sanctions for Non-Payment: Arbitrators are now explicitly authorized to sanction a party who fails to pay a deposit, unless the failure is due to financial hardship.
Filing Fees for Consumers: Consumers no longer must pay a filing fee if a claim is submitted pursuant to a court order. The respondent must pay this fee instead.
The new rules are posted on the AHLA website here-- www.healthlawyers.org