Oral Argument Scheduled on Rule 1.700 Proposal

The Supreme Court of Florida has scheduled oral argument for September 10, 2026 in a pending civil rules case following submission and comment period on The Florida Bar Civil Procedure Rules Committee's proposed amendments. Regarding referral of cases under Florida Rule of Civil Procedure 1.700 (Rules Common to Mediation and Arbitration), a judge may enter an order referring all or any part of a case to mediation or arbitration, unless prohibited by law. The parties to any case may agree to mediate or arbitrate any issue at any time. Except as provided in this rule, mediation and arbitration must be conducted in person. This is the new default, even though well over 90% of cases are now resolved online since the pandemic. The judge may order, or the parties may stipulate, that the mediation or arbitration may be conducted through the use of communication technology. To be clear, communication technology must include both audio and video, unless all parties stipulate or the judge finds cause. This seems to be due to the increasing experience online that many parties of late claim they don't have functioning cameras and some insurance adjusters appear with black screens on Zoom. The proposed amendments would essentially require a mediation or arbitration via remote technology must include both audio and video-- i.e., fully appearing online at the proceeding. The ADR Section of The Florida Bar filed a comment to seek clarification that this also apply to nonbinding arbitration and suggesting as a practical matter, not permitting audio participation even when agreed to by the neutral conducting, takes away options and flexibility. See more here-- In Re: Amendments to Florida Rule of Civil Procedure 1.700, Case No. SC2025-2041 https://acis.flcourts.gov/portal/search/case

Join me and a federal judge 7/10 for free noon CME/CLE!

My old colleague from the United States Attorney's Office in the early 1990s, current U.S. District Judge Paul G. Byron, and I will give a lunchtime Zoom for the ADR Section of The Florida Bar July 10, 2026 at noon ET about conducting federal mediation in the Middle District of Florida, as well as nuances in the Northern District and Southern District. We aim to dispel the impression that mediation in federal cases is somehow different or more difficult. In fact, the similarities are actually greater than the differences. All three federal district courts in Florida: Routinely require mediation; Treat mediation as part of case management; Require attendance by decision-makers; Protect confidentiality; and Expect counsel to participate seriously. Where they differ is primarily in local rules and administration. Attendees of this alternative dispute resolution online presentation will leave with a better understanding of how mediation functions as a structural component of federal civil practice in Florida, including magistrate judge-directed settlement conferences. Our program walks through the authority for mediation under federal rules, how each district implements the process differently, and if "good faith" truly means anything in federal court. Please provide your name and email address to register for this free CLE event. Once you have registered, you will be on the list to receive an email containing the Zoom Link to attend this course. If you do not receive a Zoom link by July 10th at 10 am, please email-- flabaradr@gmail.com. Thank you! See more info and register here-- https://docs.google.com/forms/d/e/1FAIpQLSeJR7UPUqLb1vES3Kw9NhMQKeGD8NNbPOYIkcOVobRkdJ32Kw/viewform

Celebrating 25 Years of Mediating!

Hard to believe this month marks my 25th year serving lawyers and litigants as a Florida Supreme Court Certified Circuit Civil Mediator, an Appellate mediator (since the 2001 pilot program with our 5th DCA) and as a federal district court mediator. Back in the day, you had to be a Florida lawyer for at least five years before even becoming certified (much like a judge). I fondly recall my excellent training with former judge David Strawn, a pioneer in the field of mediation. I am still in touch with my mediation training classmates, some of whom are also mediating full-time, and one who took the bench and presided over our business court in Orange County. Through the years, this special field in the law has evolved and some rules have changed, but by and large the basics are the same, proving that our 3,000 year-old tradition of human dispute resolution still very much has a place as really the principal means to dipose of cases in the modern court system. Even with the seismic shift in our technique due to mediating lawsuits mostly online since the pandemic, online platforms are now second nature to judicial officers, practicing lawyers, parties and mediators. Courts continue using technology for online hearings, even though some are requiring physical attendance. This profession of attorney-mediators is now strongly represented by the Florida Bar ADR Section that has supported practitioners of mediation and arbitration for over fifteen years. At the time of state section formation in 2010, I also founded the Orange County Bar Association ADR Committee to deal with local issues in dispute resolution. The discourse among members of both organizations has never been higher, with committed practitioners engaged in changing the role of neutrals for the better through training and rules commentary. While I look forward to continued advances in online dispute resolution-- which does enjoy just as high a success rate in producing settlements-- I also enjoy good old-fashioned face-to-face negotiation! Schedule with me to settle something online or in person here-- https://www.nadn.org/lawrence-kolin

Join us at OCBA Bench Bar 2026 on May 1!

I am pleased to be asked back to the biennial Orange County Bar Association Bench Bar Conference May 1st in Orlando to discuss private judging and arbitration, including nonbinding arbitration which is widely misunderstood. This year's football-themed event is dubbed "The Ultimate Playbook: Winning Techniques From The Bench." This unique event will bring together 300+ legal professionals, esteemed judges, and influential members from Orange, Osceola, and Seminole counties, all coming together. We'll have enlightening discussions and hear valuable insights from legal experts across various domains, including Business Law, Criminal Law, Estate, Probate & Guardianship, Personal Injury, Circuit Civil, AI Ethics, and more. By being with experienced lawyers and judges, you will learn from the best and gain unparalleled knowledge from seasoned legal professionals who will share their insights on cutting-edge legal topics. Networking with the brightest minds in the legal industry, this meeting fosters valuable relationships that can shape your legal career. Training sessions will enhance your skills and keep you up-to-date with the latest developments in the legal field. We'll also preview tools from various legaltech vendors who will share how their products and services to enhance and streamline your legal practice. My session is entitled "Calling in the Special Teams: Arbitration & Private Judging." In the fast-paced game of litigation, knowing when to call in your ADR “special teams” can be the key to strategic success. This dynamic and engaging CLE will explore how arbitration and private judging are being used as powerful tools to resolve disputes more efficiently, creatively, and cost-effectively. Participants will gain insight into the tactical advantages of these alternative dispute resolution mechanisms, including how and when to incorporate them into their legal strategy. Seasoned practitioners will break down best practices, common pitfalls, and recent trends in the use of arbitration clauses, the selection of private judges, and the enforcement of awards and judgments. Whether you're new to ADR or a veteran seeking to expand your toolkit, this session will equip you with the knowledge to confidently navigate outside the traditional courtroom — and make the winning call when it counts. Eloisa Pino, our moderator is joined by Alice Blackwell, Lawrence Kolin and The Honorable Heather Pinder Rodriguez. See more here-- https://orangecountybar.org/resource/resmgr/documents/bench_bar/2026/ocba-bench_bar_schedule-8.5x.pdf

Comments to Civil Rules Proposals on Mediation & Arbitration Due 5/1

The Florida Bar’s Civil Procedure Rules Committee submitted a couple of proposals to the Florida Supreme Court including amendments likely to simplify important rules concerning mediation and arbitration. First, regarding referral of cases under Florida Rule of Civil Procedure 1.700 (Rules Common to Mediation and Arbitration), a judge may enter an order referring all or any part of a case to mediation or arbitration, unless prohibited by law. The parties to any case may agree to mediate or arbitrate any issue at any time. Except as provided in this rule, mediation and arbitration must be conducted in person. This is the new default, even though well over 90% of cases are resolved online since Covid. The judge may order, or the parties may stipulate, that the mediation or arbitration may be conducted through the use of communication technology. To be clear, communication technology must include both audio and video unless all parties stipulate or the judge finds cause. This seems to be due to the fact that many parties of late claim they don't have functioning cameras and some insurance adjusters appear with black screens on Zoom. The proposed amendments would essentially require a mediation or arbitration via remote technology must include both audio and video-- i.e., fully appearing online at the proceeding. In addition, the Civil Rules Committee is proposing amendments to Florida Rule of Civil Procedure 1.820 (Hearing Procedures for Non-Binding Arbitration). The new language would, among other things, require an arbitrator to file with a court a notice of service of the arbitration decision, but not the actual arbitration decision itself. This might eliminate filing under seal which can be difficult for neutrals, depending on the clerk procedures in each county. The party entitled to a judgment if no request for trial de novo is made, or after a trial de novo is conducted, would be required to file the arbitration decision with the court. The proposed amendments would also require that a party file only a written request for trial to reject an arbitrator’s decision, and that a timely request for trial “be construed so as to do substantial justice.” Members of the Committee now agree that it is duplicative and unnecessary for a party to say both that the arbitration award is being deemed rejected and that a trial de novo is being requested. Rather, it is implicit that a request for a trial de novo is a rejection of the arbitration award. See more here-- In Re: Amendments to Florida Rule of Civil Procedure 1.820, Case No. SC2026-0040 and In Re: Amendments to Florida Rule of Civil Procedure 1.700, Case No. SC2025-2041 https://acis.flcourts.gov/portal/search/case

Voluntary Trial Resolution Bill

Changes are afoot in Tallahassee with a proposal in the current legislative session to amend the way private judging is done. Chapter 44, Florida Statutes has an option that allows parties in civil disputes to sidestep the delays without relinquishing their right to a jury trial or appeal. Although voluntary trial resolution (VTR), commonly known as private judging, has been in place for more than 25 years, it is rarely invoked with anecdotal stats of around one per year. Incidentally, I did participate in one private civil jury trial in the late 1990s with success. The Florida Bar Business Law Section’s Business Litigation Committee created a task force to identify opportunities to clarify and modernize the process of private judging. After reviewing current Florida law, analyzing relevant case law from other jurisdictions and discussing best practices, the task force concluded clarifying this process might help its use. The current statute, Section 44.104, Florida Statutes, allows parties who agree to private judging choose their own judge, file pleadings with the clerk, and conduct a trial in court or another agreed-upon venue. Uncertainties make most attorneys reluctant to recommend private judging to their clients. The proposed bill aims to close some gaps, giving lawyers more confidence to pursue voluntary trial resolution and helping parties more efficiently resolve disputes. If enacted, the updated statute would give circuit courts the authority to issue orders enforcing the parties’ agreement to pursue voluntary trial resolution, including compelling payment of compensation to the private judge. Decisions made by private judges (whether final or non- final orders) could be reviewed or appealed, just like decisions from circuit judges. At the ADR Section Executive Winter Meeting today, there was a robust discussiom of the substantive changes, as well as things like the use of the courthouse and staff in conducting these trials. Much remains in flux this session and it appears the drafters might have to go back to the drawing board. At present, the bill is likely to die in committee (as it did last year) and so those that are interested in commenting should send your thoughts to the ADR Section care of its administrator: chopkins@floridabar.org See more here-- https://www.flsenate.gov/Session/Bill/2026/965/BillText/Filed/PDF and https://flabaradr.com/wp-content/uploads/2026/01/ADR-Section-Common-Ground-FallWinter-2025.pdf and https://www.flsenate.gov/Session/Bill/2026/965/

Orlando Film Premiere: Voice of the Mediation Client 1/21!

Join us at the Orange County Bar Association in Orlando on January 21, 2026 at noon for a film screening and esteemed panel with lunch included! This program is a collaboration of OCBA’s ADR Committee and the ADR Section of The Florida Bar that have come together for an engaging course on advanced mediation strategies designed for litigators, mediators, in-house counsel, and other dispute resolution professionals. Along with exploring cutting-edge techniques, we will cover essential ethical responsibilities for lawyers and mediators. Participants will also receive a link to the latest Florida Mediation Best Practices Handbook, packed with proven strategies, practical tools, ethics rules, and federal and state mediation forms to strengthen mediation performance and client outcomes. I will participate in an esteemed panel of experienced trial lawyers, a United States Magistrate Judge and veteran mediator colleagues. We will lead a dynamic discussion during breaks in the screening of “The Voice of the Client,” an eye-opening film just produced by the Florida Bar’s Alternative Dispute Resolution Section. Through powerful real-life stories, attendees will gain new perspectives on how clients experience mediation. The session is sure to spark meaningful discussions on preparation, communication, and how mediator techniques impact outcomes, helping participants elevate their mediation practice. Registration information here-- https://flabaradr.com/events/the-ocba-adr-committee-and-the-adr-section-of-the-florida-bar-presents-the-voice-of-the-client/ and direct link-- https://orangecountybar.org/events/register.aspx?id=1995577&itemid=786cc0e9-5ee8-4757-9388-b03a47a76f1c

Practice Playbook Podcast Appearance

So thrilled to be asked to join Susan Guthrie on The Practice Playbook Podcast where we talk about getting back to the basics in what we do in the face of unjustified fears like: "Is AI replacing mediators?" Dispute resolution professionals are likely asking this right now because technology is so rapidly advancing. AI tools are everywhere and virtual practice is the norm. In our conversation, we find AI is not actually replacing mediators. It doesn't replace skill, rather it is helpful to automating scheduling, helping to summarize documents and making more information instantly accessible. What remains human is the mediator’s judgment, presence and ability to guide people through uncertainty. Technology reduces friction, not responsibility. Strong mediators become more visible in this environment. Their preparation is clearer. Their instincts are sharper. Their ability to read people and manage dynamics stands out. Technology does not resolve complex cases, but can help better define them. However, lived experience and intuition are what still drive successful mediation outcomes. AI systems cannot read a room yet! No algorithm can sense hesitation, fear, or strategic posturing in real time. No tool can decide when to push, when to pause, or when silence is doing the work. Those decisions come from vast experience. They come from curiosity and instincts developed over hundreds or thousands of cases. These are not skills that can be automated. They are earned. Mediation is fundamentally a human process. It relies on judgment, trust, and the ability to guide people through uncertainty, none of which can be replaced by technology. More data does not always produce better outcomes. One challenge in today’s mediation environment is the information paradox. Parties have access to more data than ever, yet clarity is often harder to achieve. Excess documentation, poorly timed disclosures, and last-minute revelations can slow progress instead of advancing it. Discernment is perhaps one of the most valuable skills a mediator brings to the room in this age. Knowing what matters, when it matters, and how to use information strategically is not a technical function. It is a professional one. Until real AGI? Give us a listen on the first episode of the new year here-- https://bit.ly/PPP-Lawrence-Kolin

Back to Basics in 2026

In this age of AI and virtual attendance, it might be time to reflect on what works and has been working for our 3000-plus year-old profession of peacemaking. Despite the advances in tools we utilize, human nature remains unchanged and getting people to a deal is fundamentally the same. Likewise, even with all the platforms to enhance our marketability as mediators, the choice is still made by those who engage us based on trustworthiness and word of mouth. You are only as good as your last mediation some say. Working a case as a neutral is no different in our digital world when it comes down to the basics. Understanding the nub of a dispute is key and recognizing the usual cast of characters to gain rapport with them and get to the signed settlement agreement is paramount in any negotiation, whether virtual or in person. Mediators have more information available to them in this day and age, but that gut feeling from experience and the ability to stay versatile cannot be substituted with artificial intelligence. Parties also have more data than ever, but are seemingly providing less information on the way into a conference than they once did. Having to dig through a docket as a neutral to gain an understanding of the underlying case is fine, but we would still appreciate learning the parties’ positions identifying any overlap in interests from briefs or summaries which might be of better use if exchanged in advance. Saving things for trial went away long ago because there really are so few trials that if a party has a smoking gun, etc., they need to leverage it during the settlement negotiation. Confidentiality that mediation affords must be used to share information for properly evaluating cases in advance of the actual day so that proper authority can be obtained without last minute surprises. Most cases turn on risk tolerance and what a party is willing to do instead of going to court. The courts are where they lose control over the outcome. So even with the overlay of practice going into 2026 and all the coming tech glory, the essentials of getting to resolution endure.

15 Years of Orlando Mediator

This month marks fifteen years since I began writing this blog to help keep the legal community abreast of the latest goings-on in mediation, arbitration and other emerging forms of dispute resolution. This blog has been recognized as an official ABA "Blawg" by the American Bar Association, voted as a finalist for The Expert Institute Best Legal Blog in the Legal News category, as top blawgs to follow by ADR Times and a current Top 5 Dispute Resolution Blog on Feedspot.com. My first entry had to do with arbitration as a process criticized by consumer advocates and that remains true today, though it is becoming utilized by more industries in contracts and is even being employed by courts under statutory processes, like nonbinding arbitration. Some things that have changed are the remote nature of these processes, especially since Covid. These changes advanced the use of then state of the art technology like Zoom, now comfortably utilized by professionals, parties and their counsel alike. We are getting past early days of the artificial intelligence boom and looking for ways to ethically use the power of AI as a settlement tool, while maintaining the human touch that has led to deals over the past 3,000 years of this profession. My alternative dispute resolution practice has continually evolved since first becoming certified in Circuit-Civil mediation in 2001 by the Florida Supreme Court and serving as a full-time neutral since 2010. Over that time, I have helped to bring about thousands of resolutions of multi-party complex cases in state and federal trial courts. I've also facilitated post-trial settlements with appellate cases pending in Florida's 5th and 6th District Courts of Appeal which are still the only DCAs to maintain formal civil mediation programs. Courts are extremely backlogged, so as litigation costs continue to rise, early settlements make sense in regular matters. Pre-suit mediation is trending beyond statutory requirements and can be quite effective if the parties have just enough information to evaluate their positions in the potential litigation. Mediation is essential to America's courts and remains the most popular of docket-culling measures. Thanks for your readership and attention to my musings and thought leadership about all things in modern-day peacemaking.

ADR Section St. Pete Retreat

Please join fellow members of the Alternative Dispute Resolution Section of The Florida Bar later this month in beautiful St. Pete at the Hyatt Place–St. Petersburg-Downtown for their annual retreat weekend. This active section which includes certified civil and family mediators, qualified arbitrators and other attorneys looking to learn more about being effective utilizing ADR processes is now celebrating its fifteenth year! I have been honored to serve as an emeritus member of the Executive Council after serving two terms. This is a great opportunity to become more involved in the leadership of the profession and to help guide processes such as important rulemaking at the state level. The tentative schedule for the program is as follows: Friday, August 22, 2025: Happy Hour at Hyatt Place (4:00 p.m. -6:00 p.m.) Dinner at Oak and Stone (following Happy Hour) Saturday, August 23, 2025: CLE/CME Presentations at Hyatt Place (9:00 a.m. -11:00 a.m.) Lunch Provided at Hyatt Place (12:00 p.m. – 1:00 p.m.) Executive Council Meeting (1:00 p.m. – 4:00 p.m.) Off-Site Dinner and/or Team Event (TBD) This year's event will include some focus on the evolution of Nonbinding Arbitration in Florida that is increasingly being employed by many circuits to cull the court dockets still backlogged from the pandemic. Special rate room block booking cutoff is August 11th. More information here-- https://flabaradr.com/events/the-adr-section-annual-retreat/ Sign form up here-- https://tinyurl.com/ecbk94zf

More Civil Rules Proposals Affecting Nonbinding Arb

The Florida Civil Procedure Rules Committee is proposing amendments to conform to changes to the Florida Rules of General Practice and Judicial Administration adopted earlier this year in SC2023-1401, In Re: Amendments to Florida Rules of General Practice and Judicial Administration, including discovery Rule 1.280 to track Federal Rule of Civil Procedure 26(a)(1)(A)(iii) and for consistency between subdivisions. As pertains to ADR, Rule 1.700, Rules Common to Mediation and Arbitration, allows the use of both audio and video communication technology in mediation and arbitration, if the parties do not want to appear in person, which is the default. Under that rule, a judge may enter an order referring all or any part of a case to mediation or arbitration, unless prohibited by law. The parties to any case may agree to mediate or arbitrate any issue at any time. Except as provided in this rule, mediation and arbitration must be conducted in person. The judge may order, or the parties may stipulate, that the mediation or arbitration may be conducted through the use of communication technology. The communication technology must include both audio and video unless all parties stipulate or the judge finds cause. Changes to Rule 1.820, Hearing Procedures for Nonbinding Arbitration, purportedly make it easier to address unintended appellate court interpretation of a recent amendment to this provision (People’s Trust Ins. Co. v.Hernandez, 4D2024-3274) and to better align the rule with existing electronic filing practices. For instance, proposed Rule 1.820 (h) is suggesting the nomenclature be simply a "Request for Trial" thereby elimimating the previous process entitled what used to be called a request for trial de novo and then, more recently, a notice of rejection of arbitration decision. Additionally, if a Request for Trial is filed within 20 days of the service of the arbitration decision, the arbitration decision must not be filed until necessary to enforce the provisions of Section 44.103, Florida Statutes, after the entry of judgment. This change seems inconsistent with the routine filing of decisions under seal until such time as the parties accept an award. The Florida Bar ADR Section is considering filing a comment on the language which may require requesting an extension from the Supreme Court of Florida, but public comments are due by August 18, 2025. See more here-- https://tinyurl.com/5d25e337

Join Me at DRC on 8/1 for AI!

Registration is now open for the 32nd Florida Dispute Resolution Conference where over a thousand certified mediators gain continuing education and the latest info on the profession. The Florida Dispute Resolution Center (DRC) is a unit of the Office of the State Courts Administrator under the Supreme Court of Florida. The Supreme Court of Florida, through the DRC, certifies mediators in the areas of county court, circuit court, family, dependency, and appellate. The DRC also provides staff to its boards and committees, certifies mediation training programs, provides basic county mediation training and advanced continuing mediator education, and assists the local courts throughout Florida with alternative dispute resolution. I have the honor of being asked by the DRC to join some of my esteemed colleagues from the Executive Council of The Florida Bar's Alternative Dispute Resolution Section to give the 2025 opening plenary session. We will introduce the manner in which Artificial Intelligence (AI) has evolved generally for dispute resolution and how it is employed specifically in mediation. Along with my distinguished panelists, we will share advantages and disadvantages that arise with the use of AI, as well as specific ethical and pragmatic challenges mediators face in this rapidly-evolving environment. This year's conference will be held virtually on Friday, August 1, 2025 from 9:00 am until 5:15 pm. On the day of the conference, you will be eligible for up to 6.3 hours of continuing education, with 1.2 hours of mediator ethics for certified mediators. Virtual attendees will be able to view all conference recordings for 60 days post-conference and will be eligible for additional hours of continuing education. See more here-https://drcconferences.swoogo.com/2025conference/sessions

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

Orlando Mediator Top 5 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 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/

It's Mediation er, um rather ADR Week!

Each October, we celebrate Mediation Week which has officially changed to Alternative Dispute Resolution or "ADR Week" in recognition of the importance of all forms of dispute resolution utilized in Florida. Chief Justice of the Florida Supreme Court, Carlos G. Muñiz, recognized October 13-19th as ADR Week in Florida’s courts, and the members of Florida’s Dispute Resolution Center and The Florida Bar ADR Section are excited to take this time to celebrate Florida’s leadership over the past 35 years in successfully utilizing ADR practices. Of course, these practices include mediation, arbitration, parenting coordination, eldercaring coordination, and other restorative and evaluative processes that encourage joint problem solving and effective resolution of disputes outside of the courtroom. All forms of ADR strive to assist parties to resolve their own disputes through self-determination, without the need for a trial. ADR is quite effective and efficient for the attorneys and litigants involved, and it also conserves resources in Florida’s trial and appellate courts. Florida’s skilled ADR practitioners empower individuals, families, schools, and businesses to foster communication, create solutions, and develop lasting solutions to difficult issues. Locally, the ADR Section is celebrating by having a mixer on 10/22 from 5:30-7:30 PM at Eola Wine Company, 430 E. Central Blvd., Orlando. Please RSVP to alicia@rtmediation.com See more here-- https://tinyurl.com/28pmjrpu and here-- https://tinyurl.com/yxv72eky

FL Case Management Comments due 8/6

The Supreme Court of Florida recently put forth new Case Management procedures under Rules 1.200 and 1.201 Florida Rules of Civil Procedure, but because they did so without a formal comment period beforehand, members of the bar may weigh in by August 6, 2024. These rule changes would otherwise take effect on January 1, 2025. I have been working with the ADR Section of The Florida Bar on a comment regarding the lack of a clear definition for exactly what alternative dispute resolution processes are contemplated by the rule. We are seeking to add the following italicized language into the revised Rule 1.200(d)(2)(H) entitled Case Management Order for completion of alternative dispute resolution including mediation, arbitration and other processes available under Florida Statutes and Florida Rules of Civil Procedure. Defining what “alternative dispute resolution” includes or means (as it is not clearly defined in the Florida Rules of Civil Procedure) will reduce confusion by specifically mentioning the most commonly utilized methods and alluding to additional methods available under Florida Statutes and Florida Rules of Civil Procedure, thereby supporting the Supreme Court's purpose to promote fair and timely resolution of cases. This also allows for future methods of dispute resolution to be incorporated without the need for rule amendments, such as perhaps Early Neutral Evaluation. In their commentary to the rules, the court notes Rule 1.200 as amended is intended to supersede any case management rules issued by circuit courts and administrative orders on case management to the extent of contradiction. The rule is not intended to preclude the possibility of administrative orders issued by circuit chief judges and local rules under Florida Rule of General Practice and Judicial Administration 2.215 that refine and supplement the procedures delineated in the rule, including rollover practices for situations where a trial is not reached during the scheduled trial period. See more here at case number SC2023-0962 here-- https://tinyurl.com/yujktxpf

FL Non-Binding Arb Rule Changes Effective 7/1

The Supreme Court of Florida accepted most of the Florida Bar Civil Rules Committee’s proposal to amend Rule of Procedure 1.820 regarding the Non-Binding Arbitration process, though rejected requiring that an arbitration decision be served on the parties, but not filed with the court. The Committee proposed this change because the move to electronic filing made rule 1.820(g)(3)’s requirement to file an arbitrator’s decision under seal unworkable, as it is difficult to shield certain parts of an electronic case file from review by the presiding judge. Though they agreed the rule needs to be amended to better align with existing electronic filing practices, they believe an arbitrator’s decision needs to be filed with the court after the arbitration process has concluded to avoid unnecessary confusion and to ensure that the court can timely act on the decision under rule 1.820(h) if no request for trial de novo is made. Still, the court might revisit this matter and suggested a possible solution may be to simply require arbitrators to use a coversheet when filing their decisions with the court reminding the presiding judge not to review the decision-- unless no request for trial de novo is made in accordance with Section 44.103(5), Florida Statutes (2023). As for the changes going into effect this summer, Rule 1.820(h) is now retitled “Notice of Rejection of the Arbitration Decision and Request for Trial” and clarifies the process for rejecting an arbitrator’s decision and requesting a trial de novo. Under the amended rule, an arbitration decision will be deemed rejected only if such notice is filed with the court within 20 days of service of the arbitrator’s written decision. See more here-- Fla. S. Ct. Case number SC2022-1719 https://tinyurl.com/5c5wbttn