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

ADR Rules and Policy Needs You!

The Supreme Court of Florida governed Florida Dispute Resolution Center (DRC) Committee on Alternative Dispute Resolution (ADR) Rules and Policy is currently accepting applications for six member appointments to the Committee on ADR Rules and Policy. The Committee on ADR Rules and Policy provides the Supreme Court with recommendations relating to ADR legislation, and all aspects of ADR policy and rules including, but not limited to, ADR practices, mediator certification and renewal requirements, continuing education requirements, and mediation training program requirements. All seats are three year terms that commence on July 1, 2023. Of the appointments, two appointees must be non-lawyer mediators who have been Florida Supreme Court certified for more than five years. The remaining four appointees may be either lawyer mediators or non-lawyer mediators who have been Florida Supreme Court certified for more than five years. All mediator appointees must be Florida Supreme Court certified mediators. All lawyer appointees must be members in good standing of The Florida Bar and have practiced law for a minimum of five years and conducted or attended 15 mediations. Appointments will be made by the Chief Justice of the Supreme Court of Florida. Please see AOSC20-59PDF Download for more information. To be considered for appointment, please submit a letter of interest and current résumé on or before April 25, 2023, to: Florida Dispute Resolution Center Supreme Court Building 500 S. Duval Street Tallahassee, Florida 32399 Fax: (850) 922-9290 mail: DRCmail@flcourts.org

Comments on Non-Binding Arbitration due 5/6

The Supreme Court of Florida's Standing Committee on Alternative Dispute Resolution Rules and Policy is charged with monitoring and making recommendations to improve and expand the use of court-connected Alternative Dispute Resolution (ADR) not limited to mediation through the recommendation of the adoption of statutes, rules, policies, and procedures. This Committee is seeking feedback on two proposed amendments related to statutory non-binding arbitration. Specifically, they are considering revisions to Rule 1.820, Florida Rules of Civil Procedure (Hearing Procedures for Non-Binding Arbitration) and Section 44.103, Florida Statutes (Court-ordered, nonbinding arbitration). While the ADR Section of the Florida Bar whose Executive Council on which I serve will be commenting on behalf of its almost one thousand members, please consider individually responding to these proposals. The Florida State Court System consists of 20 judicial circuits that encompass Florida’s 67 counties and so practice in this area of ADR varies widely under local administrative orders. Comments are due to the Florida Dispute Resolution Center on or before Friday, May 6, 2022, via drcmail@flcourts.org. The proposed revisions can be found here-- https://tinyurl.com/3r986y25 and https://tinyurl.com/4w2tfuje

Call for 30th DRC Conference Proposals

The Florida Dispute Resolution Center (DRC) 30th Annual Conference will be held at the Rosen Centre Hotel in Orlando on August 11-13, 2022. DRC is asking for submissions for workshop proposals and to become part of the conference faculty. Alternative Dispute Resolution (ADR) professionals play a major part in enhancing access to justice by offering parties an opportunity to minimize the time and money they spend interacting with the court system and by modernizing the facilitation process by using technology. Mediators also promote public trust and confidence in the court system by maintaining education on high standards of professionalism and ethical behavior when assisting parties in settling their disputes. This conference, now in its third decade, provides an annual forum for enhancing your skills and knowledge regarding ADR, especially as our world continues to demonstrate a need for professionals who can promote civil discourse when presenting options to resolve disputes. Consider training your fellow mediators by sharing the latest in your experience. I have presented here in the past and encourage you to do the same. If your workshop submission is selected, you will be asked to present twice during the conference. The deadline for submission is February 25th and workshop selections will be confirmed in early April 2022. You will receive a full conference registration waiver, and if applicable, a second presenter will receive $50 off registration fees. You will receive a confirmation email after you submit the form. If you do not receive a confirmation email, the form was not successfully submitted. The DRC recommends gathering all information required prior to beginning to filling out the form located at here-- https://bit.ly/3ufyqob

Mediator Rules Comments Due 1/1

The Committee on Alternative Dispute Resolution Rules and Policy has undertaken the revision of Part I, Mediator Qualifications, and Part II, Standards of Professional Conduct, of the Rules for Certified and Court-Appointed Mediators. Committee members are seeking feedback on the revisions at the link below on Amendments to Rules for Certified and Court-Appointed Mediators. Most involve the certification criteria, but other proposed changes include enhancements to impartiality, conflicts and social networking. Confidentiality of the caucus is also addressed in that with the express consent of the parties and counsel, a mediator may establish as a ground rule for the mediation that information disclosed during caucus may be disclosed to the other mediation participants unless a party expressly tells the mediator to keep the information confidential. Additionally, regarding reporting mediation outcomes to courts, mediators must not include comments reflecting a mediator's opinions regarding whether a party or counsel mediated in "good faith" as sometimes seen in referral orders. Send any comments to the Dispute Resolution Center by email to DRCmail@flcourts.org, on or before January 1, 2022. See more here-- https://bit.ly/3EPGfD5

Certified Mediator Procedures Change

A new operating procedures policy was issued today by the Florida Dispute Resolution Center (DRC). Pursuant to rule 10.140, Rules for Certified and Court-Appointed Mediators, Operating Procedures and Authority, the Committee on Alternative Dispute Resolution Rules and Policy, new procedures are effective November 1, 2021, and supersede any conflicting provisions. Numerous revisions to the certification and renewal processes include:

The 50% continuing mediator education (CME) live format requirement has been rescinded. - Mediators will only be required to complete 16 hours of CME regardless of how many certifications are held. - Mediators may begin earning CME hours for next cycle upon submission their renewal for previous cycle. - Inactive status allows a mediator’s certification to remain inactive for up to five years. - Lapsed certifications are eligible to renew their certifications up to a maximum of five years.

See more here-- https://bit.ly/3FTcRgq

FL S. Ct. ADR & MEAC Vacancies

For those inclined to stay up on the very latest in our profession, the Florida Dispute Resolution Center (DRC) is currently accepting applications for six member appointments to the Florida Supreme Court's Alternative Dispute Resolution (ADR) Rules and Policy Committee. The committee provides the court with recommendations relating to ADR legislation, and all aspects of ADR policy and rules including, but not limited to, model ADR practices, mediator certification and renewal requirements, continuing education requirements, and mediation training program requirements. The committee consists of 17 volunteer members and may include mediation trainers, Florida Supreme Court certified mediators, arbitrators, trial court administrators, parenting coordinators, attorneys, and judges. Terms are staggered and no member shall serve more than nine years. Additionally, the Mediator Ethics Advisory Committee (MEAC) is a nine member body that issues written advisory ethics opinions for mediators subject to the Florida Rules for Certified and Court-Appointed Mediators. MEAC is accepting applications for three vacancies of four year terms as follows: One certified mediator from the Northern Division encompassing the First, Second, Third, Eighth and Fourteenth judicial circuits; One certified mediator from the Central Division encompassing the Fifth, Seventh, Ninth, Tenth, Eighteenth and Nineteenth judicial circuits; and One certified mediator from the Southwest encompassing the Sixth, Twelfth, Thirteenth, and Twentieth judicial circuits. Applicants shall not also serve on the Mediator Qualifications and Discipline Review Board. These appointments are made by the Chief Justice of the Supreme Court of Florida based upon competence, specialized knowledge, experience in ADR processes, and a commitment to the time necessary to be an active contributor. If interested in serving on either committee, a letter of interest with current résumé should be submitted by April 15, 2021 to DRCmail@flcourts.org

 

DRC Call for CME Presentations

The Florida Dispute Resolution Center (DRC) is calling for proposals for this summer's annual mediator conference. The conference will be held virtually on August 11 - 13, 2021. If your workshop submission is selected, you may be asked to present twice during the conference. You and your second presenter, if applicable, will receive a conference registration waiver. By submitting a workshop proposal, you agree to allow your presentation to be recorded and agree to submit to the DRC prior to the conference any materials you intend to distribute in conjunction with the conference. The recording and materials will become public records. If you believe copyright or trademark interests exist, you must notify DRC upon submission of your proposal. If no copyright or trademark interests exists when you submit your proposal, all such rights are otherwise waived upon submission of the proposal. Presenters should be familiar with virtual conference software (such as Swoogo, Pathable or Zoom) and have experience presenting their session during a virtual conference. See more info here-- https://bit.ly/2ZX0IUk

New Florida Supreme Court ADR Order

The Supreme Court of Florida in monitoring and taking measures to address the effects on court operations of the Coronavirus Disease 2019 (COVID-19) pandemic has issued a new order affecting mediators and arbitrators. As the Supreme Court of Florida is the authority to establish standards and procedures for qualifications, certification, conduct, and training for mediators and arbitrators who are appointed pursuant to Florida Statutes, the court has issued an order during this crisis including: -Granting deadline extensions and abating late fee assessments for mediator certification and mediator renewal. -Allowing certified mediation training programs, approved arbitration and approved parenting coordination training programs to be conducted online. -Allowing certified mediators to complete all of their CME requirements in any format including non-live programs. -Granting deadline extensions for approved mediation trainers and certified mediation training program provider renewal applications. -Providing for remote training means instead of physical attendance through the end of the year for mediators and arbitrators. In addition, the Dispute Resolution Center will accept mediator certification applications and mediator renewal materials electronically. Instructions for electronic submission will be sent to individual mediators at the time of renewal notification. Materials can be faxed to 850-922-9290 or emailed to DRCmail@flcourts.org. See full order here-- https://bit.ly/2Xzi09Z

ADR Rules & Policy Vacancies

The Supreme Court of Florida's Committee on Alternative Dispute Resolution (ADR) Rules and Policy needs members. This is a powerful committee that recommends changes to existing rules and implements new ones via proposals submitted for oral argument following public comment. The Florida Dispute Resolution Center (DRC) is currently accepting applications for eight member appointments to the Committee on ADR Rules and Policy. Appointments are made by the Chief Justice of the Supreme Court of Florida based upon competence, specialized knowledge, experience in ADR processes, and a commitment to the time necessary to be an active contributor to the committee’s work. The committee consists of 17 volunteer members and may include mediation trainers, Florida Supreme Court certified mediators, arbitrators, trial court administrators, parenting coordinators, attorneys, and judges. Generally, members are appointed for staggered three-year terms. However, these terms will begin July 1, 2020, and end November 30, 2023. No member shall serve more than nine years. According to the official announcement, the committee provides the Florida Supreme Court with recommendations relating to ADR legislation, and all aspects of ADR policy and rules including, but not limited to, model ADR practices, mediator certification and renewal requirements, continuing education requirements, and mediation training program requirements. Letters of interest and current résumés may be submitted on or before April 10, 2020, to: Florida Dispute Resolution Center, Supreme Court Building, 500 S. Duval Street Tallahassee, Florida 32399 or fax (850) 922-9290 or DRCmail@flcourts.org See link here-- https://www.flcourts.org/Resources-Services/Alternative-Dispute-Resolution

Florida Mediator Rule Changes Coming

The Supreme Court of Florida's Committee on Alternative Dispute Resolution Rules and Policy (Rules and Policy Committee) today invited all interested persons to comment on proposed amendments to small claims, county, civil, family, juvenile, and appellate state court rules of procedure regarding mediation. According to the Rules and Policy Committee, the amendments are intended to protect the public by ensuring that any individual who mediates cases pending before any state court shall be subject to the ethical standards and discipline procedures in the Florida Rules for Certified and Court-Appointed Mediators. The amendments originated as Rules and Policy Committee work product that was circulated to the ADR community in 2017. The Executive Council of the ADR Section of The Florida Bar deliberated on this matter then and voted in favor of a mandatory certification for court connected cases. However, after receiving feedback and engaging in its own careful deliberation, the Rules and Policy Committee revised its proposal to meet the interests of both the ADR and legal communities while continuing to meet the goals of the Long-Range Strategic Plan for the Florida Judicial Branch 2016-2021, to “maintain a professional, ethical and skilled judiciary and workforce.” The 2017 amendments proposed that all pending court cases be mediated by a Florida Supreme Court certified mediator. The 2019 amendments are now offered instead of those amendments. The amendment to each set of procedural rules will require that any mediator who mediates a state court action does so subject to the ethical standards the Supreme Court has imposed on all certified and court-appointed mediators irrespective of whether the mediator is certified, non-certified, or court-appointed. All individuals who mediate cases pending before any state court shall be subject to discipline and the existing procedures. Please send comments for the Committee to the Florida Dispute Resolution Center (DRC) by July 8, 2019, to DRCmail@flcourts.org. You may comments send via mail to: Florida Dispute Resolution Center, Supreme Court Building, 500 S. Duval Street, Tallahassee, Florida 32399; or fax at (850) 922-9290

How to Become a Mediator

Though a forthcoming rules amendment case in The Supreme Court of Florida will likely be decided this year concerning whether certification is required of all mediators in court-filed cases in civil and family courts, certified mediators are currently the only ones subject to ethical rules and other regulations. In order to become certified as a mediator in Florida, there are stringent criteria and training required which is outlined in the link below. I am often asked about this and so the complete information can be found in this convenient publication of the Florida Dispute Resolution Center (DRC). When I became certified in 2001, you had to be a lawyer for five years, just like a judge. Observing mediations is still required and I fulfill my obligation to the profession by providing these opportunities. For each observation required for certification, a trainee must observe an entire session of the type of mediation for which certification is sought, conducted by a certified mediator of the type for which certification is sought. We fill out a form for the observer with the case style, our signature and mediator number. The observation requirement can't be satisfied by any individual who is a party, participant, or representative in the mediation. Candidates for certification may not fulfill the observations before beginning a certified mediation training program. As I'm often asked about whether appellate or pre-suit mediations count, if the case is that which is or would have been the type of mediation for which certification is sought, it may be utilized for observation purposes. Likewise, a federal court mediation conducted by a certified circuit mediator may be utilized to fulfill a circuit mentorship, even though our federal district has its own certification. However, administrative agency mediations conducted under rules and procedures other than that of the state trial courts may not be utilized to fulfill the mentorship requirements. See DRC publication detailing certification process here-- https://bit.ly/2JR4vsi and a link to DRC's annual conference next month in Orlando,"Promoting Mediator Professionalism," here-- https://bit.ly/2tfuJxA

Important Posts Need Appointees

The Florida Dispute Resolution Center or DRC is currently accepting applications for new member appointments to the Alternative Dispute Resolution Rules and Policy Committee and the Mediator Ethics Advisory Committee, known as MEAC.

The ADR Rules and Policy committee provides the Supreme Court of Florida with recommendations relating to ADR legislation, and all aspects of ADR policy and rules including, but not limited to, model ADR practices, mediator certification and renewal requirements, continuing education requirements, and mediation training program requirements. MEAC is a nine member body that issues written advisory ethics opinions for mediators subject to the Florida Rules for Certified and CourtAppointed Mediators. The DRC is currently accepting applications for the appointment of three certified mediators who hold any type of certification. Please submit a letter of interest and current résumé to: Florida Dispute Resolution Center Supreme Court Building 500 S. Duval Street Tallahassee, Florida 32399 Fax: (850) 922-9290 Email: DRCmail@flcourts.org Deadline: April 23, 2018. See more information at links here-- http://www.flcourts.org/core/fileparse.php/549/urlt/ADRRPVacancyNotice.pdf and http://www.flcourts.org/core/fileparse.php/549/urlt/MEACVacancyNotice.pdf and see MEAC opinions link here-- http://fladr.org/cle-events/meac-opinions/

DRC implements new CME reporting / renewal process

Beginning this month, in compliance with the Supreme Court of Florida's efforts to reduce paper and the Dispute Resolution Center's (DRC) initiative to provide efficiencies to increase productivity and reduce processing times for applications and renewals, DRC will no longer be mailing out renewal applications. Mediators who are due for renewal will receive an email notification three (3) months prior to renewal that it is time to renew along with a link to complete a generic downloadable renewal form. The forms will then need to be completed, notarized and mailed to the DRC with appropriate renewal fees and the CME Reporting Form. Any changes in information (address, email, phones, etc.) should be indicated at this time as well. See complete details at - http://flcourts.org/gen_public/adr/RenewalChanges2013.shtml For additional information contact DRC at 850-921-2910 or at DRCMail@flcourts.org

DRC Updates Mediator Renewal Process

The Dispute Resolution Center of the Supreme Court of Florida's Office of the State Courts Administrator (DRC) today put out information regarding a revamped mediator renewal process. Explained as a change complying with the Court's efforts to reduce paper and the DRC's initiative to provide efficiencies to increase productivity and reduce processing times for applications and renewals, beginning in January 2013, the DRC will no longer be mailing out renewal approval notices or providing renewal seals when your mediator certification has been renewed. When your renewal has been approved, it will be reflected on your record on the Florida DRC website at www.flcourts.org and your renewal date will appear as updated through the next two year period. A confirming email that your renewal has been approved will also be sent. Beginning in March 2013, the DRC will no longer be mailing out renewal applications. Mediators who are due for renewal will receive an email notification three months prior to renewal that it is time to renew along with a link to complete a generic downloadable renewal form. The form will then need to be completed, notarized and mailed to the DRC with appropriate renewal fees and the CME Reporting Form. Requirements of CME remain the same.