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.
Tuesday, August 1, 2023
MDFL Seeks Comment on Mediation Rules
The U.S. District Court for the Middle District of Florida has put forth local rule amendments for comment including Mediation. The federal court proposal requires the attendance in-person unless otherwise ordered by the judge or agreed by the mediator — of lead counsel, the parties or a party’s surrogate satisfactory to the mediator, and any necessary insurance carrier representative. This default has been a feature of other courts' rules in recent times since Covid has mostly waned, though many have made the exception to be through stipulation or agreement by the parties, not the mediator. By way of example, the Florida Rule of Civil Procedure 1.700 now states that mediation must be conducted in person, unless the referral order directs, the state court or party moves, or the parties stipulate othewise and also permits a combination of in-person and use of commuication technology. The federal court seeks comment on this change and these can be submitted by by mailing them to Elizabeth Warren, Clerk of Court, Attention: Local Rules Comments, 401 W. Central Blvd, Ste. 2100, Orlando, FL 32801-0201 or submitting through a link here-- https://www.flmd.uscourts.gov/webforms/comment-proposed-amendments-local-rules All comments must be received by 5:00 p.m. EST on August 21, 2023. See the proposed amendments linked to public notice posted here-- https://www.flmd.uscourts.gov/announcements/public-notice-and-opportunity-comment-proposed-amendments-local-rules