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

ADR Section Mentoring Academy

Take your mediation practice to the next level with the Alternative Dispute Resolution (ADR) Section of The Florida Bar's inaugural Mentoring Academy later this month. Some of the state’s most experienced mediators, including some with whom I serve on the ADR Section Executive Council, will conduct this advanced-level Continuing Mediator Education (CME) and Continuing Legal Education (CLE) workshop. You will be coached on mediation strategies and receive instructive feedback on techniques. Also, increase your statewide network with a reception following the Friday evening panel discussion. Saturday’s sessions include lunch. This first-ever Mentoring Academy will be held October 25 – 26 at the University of South Florida’s Center for Advanced Medical Learning and Simulation (CAMLS) in downtown Tampa. The Florida Bar course is approved for 10 CLE/CME, 1 Ethics CLE/CME and 9 Professionalism CLE credits. The $425 tuition includes an annual membership in The Florida Bar ADR Section and those that are already section members can register for only $390. The Florida Bar ADR Section developed the Mentoring Academy in part because mediators have ethical obligations to advance the mediation profession. We are providing an opportunity for succeeding generations of mediators to have the benefit of experienced instruction from more seasoned mediators. Meaningful interaction between the mediator participants and workshop instructors is a key element of the academy. Don't miss out! Learn more here-- FlaBarADR.com/mentoring-academy

May Webinars at Noon 5/1 & 5/9

I'll be participating in two webinars you can attend during lunch at your desk next month on May 1st and May 9th. The first presentation is brought to you through The Florida Bar Alternative Dispute Resolution (ADR) Section and will provide an overview of the latest in Online Dispute Resolution (ODR). This live audio webcast will examine different emerging ODR processes that are currently available. We'll look at the benefits of using such processes, the technology used to implement those processes and the ethical issues presented when engaging in virtual or online mediation. The Florida Bar has approved the online program for 1.0 General / 1.0 Ethics / 1.0 Technology Continuing Legal Education (CLE) credits. Of course, certified mediators may also submit as Continuing Mediator Eduction (CME) credit to the Dispute Resolution Center (DRC) upon their renewal. As a bonus, if you are a member of our ADR Section, you qualify for a $10 discount on the $50 registration fee. The webcast will remain accessible for 90 days after purchase. I'm moderating a panel featuring my ADR Section colleagues Christy Foley of Winter Park and Natalie Paskiewicz of St. Petersburg. See more information here-- https://bit.ly/2GDA9dE Register here-- https://bit.ly/2XE3Hxt The second presentation is complimentary and focuses on techniques for closing gaps at mediation. Our program on the GoToWebinar platform will feature my firm colleagues Michelle Jernigan and Jeff Fleming. We will explore scenarios for getting to yes. The course is designed for any attorney who negotiates during mediation and wants to better understand what skilled mediators do to narrow gaps that develop or widen. The webinar will provide 1.0 General CLE hours from The Florida Bar and you can register here-- https://bit.ly/2KWuZh3

Join us next month in Orlando!

Next month, at The Florida Bar Annual Convention in Orlando, our Alternative Dispute Resolution (ADR) Section Executive Council (EC) will hold its annual meeting at the Hilton Bonnet Creek and an ADR CLE/CME Program: Inside the Mediator’s Mind. The June 14th CLE/CME will occur at 1:00pm, followed by a reception to take place from 4:30-6:30pm. The ADR EC meeting is set for June 15th at 9:00am. The ADR Section plans to continue advancing new programs and opportunities for continued growth and participation in the section. The ADR Section was established in 2010 to provide a forum for lawyers interested in alternative dispute resolution and to provide for discussion and exchange of ideas leading to an improvement of individual ADR skills and abilities. The ADR Section keeps members informed and updated regarding legislation, rules, and policies in connection with mediation and other ADR processes and the responsibilities they impose on mediator and arbitrator members, as well as provide quality continuing legal education programs. Additionally, ADR Section committees are open to members to plan and execute section activities, events, and programs to benefit section members. More information can be found at ADR section website, www.fladr.org. Our goal is to make the ADR Section more accessible to all Florida Bar members, engaging them through information on available on the website, such as links to MEAC opinions, and by our social media posts on Facebook and Twitter (@FlaBarADR). In addition, each issue of the section’s "News & Tips" publication can be viewed from the website. See the Bar's Annual Convention page for a full schedule of events here-- https://bit.ly/2G2J98F and https://bit.ly/2wDFzmf Join our ADR Section by applying here-- https://bit.ly/2wLlIRQ or click to add it when paying your Florida Bar dues renewal-- https://bit.ly/2k0fTXT

FLABAR ADR Section Meeting 1/17/18 in Orlando!

Happy New Year from Orlando Mediator! Please join us as our Executive Council of The Florida Bar Alternative Dispute Resolution (ADR) Section convenes in Orlando during the bar's mid-year winter meeting. Founded some eight years ago, around the time I started this blog, the ADR Section was designed to provide a forum for lawyers and attorney-mediators interested in alternative dispute resolution and a place to share common interests, ideas and concepts. It is not for non-lawyer mediators. The ADR Section regularly puts on continuing legal education (CLE) programs, as well as provides advocacy in rule changes, legislation and commentary to the Supreme Court of Florida when dealing with proposed amendments in all forms of alternative dispute resolution. Any member in good standing of The Florida Bar interested in the purpose of our section is eligible for membership upon application and payment of the ADR Section’s annual dues (which are just $35) and can be added to your regular bar dues at the time of renewal. Any member who ceases to be a member of The Florida Bar in good standing shall no longer be a member of the ADR Section under its by-laws. Hope to see you at the Hilton Double Tree Orlando this month as we debate our position regarding important legislation that has been introduced for the next session which I discussed on this blog last month! More information on our meeting and the section can be found here-- http://fladr.org/events/the-florida-bar-winter-meeting-and-adr-executive-council-meeting/

FL Bar ADR Section Supports Mandatory Certification

Yesterday, the Executive Council of the ADR Section of The Florida Bar convened in Orlando at its winter meeting. Among the topics for discussion were proposed rules that will ultimately be considered by the ADR Rules & Policy Committee of The Supreme Court of Florida which asked for the section's input on the matter of mandatory certification for mediators in court cases. Two recommendations were made to ADR Rules & Policy that is likely to have its own language changes and submit for public comment before the Florida Supreme Court passes them. This effort was brought about after a survey of the ADR Section's members indicated the majority preferred using certified mediators and felt all people in Florida mediating cases for the courts should be required to follow the ethical rules. The rules address things like conflicts of interest, confidentiality, coercion, self-determination and other traditional hallmarks of the mediation process. The first proposal requires that professional standards would apply to non-certified mediators voluntarily selected or retained by the parties in the absence of a court order and applies to circuit and family cases. A second motion passed for requiring mandatory certification of mediators in filed cases retained or appointed by the court in the same divisions, with the exception of dependency. While these proposals are perhaps controversial in some circles, it was thought the ADR Rules & Policy Committee would act on this with or without the ADR Section's input. Therefore, the preference for rulemaking reflected by the section survey was formally expressed through these resolutions. Stay tuned for next steps. See court committee link here-- http://bit.ly/2jmRTv0 and section link here-- http://bit.ly/2jmPlxa

The Florida Bar ADR Section Turns 5

The ADR Section of The Florida Bar, now in its fifth year, will meet at the annual convention in Boca Raton tomorrow, to continue advancing new programs and opportunities for continued growth and participation in the section. The ADR Section was established in 2010 to provide a forum for lawyers interested in alternative dispute resolution and to provide a forum for discussion and exchange of ideas leading to an improvement of individual ADR skills and abilities. The ADR Section will keep the Bar membership informed and updated regarding legislation, rules, and policies in connection with mediation and other ADR processes and the responsibilities they impose on mediator and arbitrator members, as well as provide quality continuing legal education programs. During The Florida Bar’s 2014 Annual Convention, the ADR section hosted a working meeting for ADR section members. Those in attendance nominated new executive council members. I was pleased to be nominated, having already founded and chaired the ADR Committee of the Orange County Bar Association in Orlando. New members elected to the ADR executive council included my Upchurch Watson White & Max Mediation Group (UWWM) colleagues, Robert A. Cole and Michelle Jernigan, who edits our section newsletter. Additionally, ADR section committees were established that plan and execute section activities, events, and programs to benefit section members. Among the busiest were: Website, Newsletter, and Legislation. The Website Committee, which I chaired, worked with the executive council and a vendor and launched the new ADR section website, www.fladr.org. The immediate goal is to make the ADR section and its benefits more accessible to all Florida Bar members, which will provide information on available CLE programs and links to MEAC opinions. In addition, each of the section’s News & Tips can be viewed from the website. The CLE committee plans to host programs with other Florida Bar sections that will not only benefit members of the ADR section, but all members of The Florida Bar. We recently presented a June UWWM webinar on issues relating to "Other ADR" in Florida with incoming ADR Section Chair, Bob Hoyle, who plans to present additional webinars on ADR through the section this year. The ADR Section will also present a seminar on mediation and arbitration today at the 2015 Florida Bar Annual Convention. For additional information on how to join the Alternative Dispute Resolution Section, visit the ADR section website-- www.fladr.org

FLADR.org is new ADR Section Website

The ADR Section of The Florida Bar has launched its new website at www.FLADR.org. The ADR Section provides a forum for lawyers practicing in alternative dispute resolution, including discussion and exchange of ideas leading to an improvement of individual ADR skills and abilities. Any member in good standing of The Florida Bar interested in the purpose of the section is eligible for membership upon application and payment of $35 in addition to the regular annual Bar dues. The ADR Section keeps Bar members informed and updated regarding legislation, rules and policies in connection with mediation and other ADR processes and the responsibilities they impose on mediator and arbitrator members, as well as provide quality continuing legal education programs. I am pleased to have chaired the initial website effort and thank our Executive Council for their effort in creating content and launching our young section’s website-- as well as, Lani Fraser, Bar Liaison. We invite every member to utilize the resources there which include MEAC opinion links, the ADR News & Notes newsletters, and CLE postings. Visitors may also provide us with suggestions on how we can improve the site and our section. Please use the Contact page to provide us with your thoughts and recommendations. We hope you find it informative and helpful. So now go and check out www.FLADR.org