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/

Join us 10/30 as we reflect on 10 years!

Join us later this month on 10/30 at noon ET for a free CLE webinar as my esteemed colleague and I celebrate our 10th anniversary with ADR pioneers, Upchurch Watson White & Max Mediation Group. We thought we would share our combined wisdom gained from helping lawyers and participants of the process get to yes over the past decade. As the registration blast indicates, veteran circuit-civi mediators of the firm, Jeff Fleming and Lawrence Kolin, will take our attendees on a journey through a decade of lessons learned from serving as full-time professional neutrals, including: - How their perceptions of mediation have changed - Comparing Zoom with in-person mediations - Preparation and mediation summaries - Opening statement by the parties - Best timing for a mediation - How long mediations should last - Why some caucuses take so long - Using brackets effectively - Asynchronous negotiation - Managing expectations The Florida Bar has accredited this webinar for 1.0 hours of General Continuing Legal Education (CLE) and of course you may, as always, self-report Continuing Mediator Education (CME) credit to DRC. Register here-- https://us02web.zoom.us/webinar/register/WN_aMDTyUADSYG38xPgFZCGIg#/registration

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

Mediation Week 2023 Mixers

The American Bar Association recognizes the third week in October as Mediation Week to educate the public about mediation. During Mediation Week, the ABA encourages all to recognize the importance of the work of neutrals, advocates, and policy makers and celebrate the strides we have made in institutionalizing mediation as a dispute resolution process. October 15-21, 2023 is Mediation Week in Florida under a proclamation of the Supreme Court of Florida. Mediation has been used by Florida courts for more than 30 years. Online Dispute Resolution now serves as an official option following the pandemic through sessions conducted with readily available remote attendance technology. Florida's Dispute Resolution Center continues to require specific standards set by the Florida Supreme Court in the areas of county, family, circuit, dependency, and appellate mediation during these virtual sessions. Mediation week brings annual focus on our dispute resolution work and highlights how individuals, administrative agencies, and businesses can use mediation to develop efficient and customized solutions to conflicts. Next week there are several mixers around the state hosted by members of the Alternative Dispute Resolution Section of The Florida Bar. We enjoy camraderie and hope to see you there! See more here-- https://flabaradr.com/mediation-mixers

Celebrating 20 years as Mediator!

This month marks my 20th year as a Florida Supreme Court Certified Circuit Civil Mediator, an Appellate mediator (since the 2001 pilot program with our 5th DCA) and a federal district court mediator. Back in the day, you had to be a Florida lawyer for five years before even becoming certified (much like a judge). I fondly recall my 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 even one who took the bench and now serves our business court division in Orange County. Through the years, this field of law has evolved and some rules have changed, but by and large the basics are the same, proving that a 3,000 year-old tradition of dispute resolution has a place as a means of diposing of cases in the modern court system. This year in particular has been a seismic shift in our technique due to the immediate need for a solution to continue mediating lawsuits during a pandemic. Zoom and other existing commercial online platforms became a lifesaver for most practicing lawyers and mediators. Courts seem destined to continue using technology for online hearings and my colleagues anticipate scheduling of virtual mediations well beyond the Covid-19 crisis. A massive backlog of cases has ensued requiring even more dispute resolution. Our profession as attorney-mediators has never been more strongly represented than by the Florida Bar ADR Section which is now over a decade old. At the time of 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 the members of both organizations has never been higher with committed practitioners engaged in changing the role of neutrals for the better. While I look forward to continued advances in online dispute resolution-- which does enjoy a high success rate in producing settlements-- I also long for a return of good old-fashioned face-to-face negotiation! Schedule with me here-- https://www.uww-adr.com/biography/lawrence-h-kolin

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

FL Courts Largely Remain Closed

Even with a falling case trend of recent Covid-19 statistics, the courts around the state are in phased reopening status, a daily snapshot of which can be found at the link at the end of this update. The Supreme Court of Florida's evolving Emergency Procedures orders have focused on increasing the resolution of cases by shifting as many of them as possible into a virtual environment with remote technology, and specifically "Alternative Dispute Resolution proceedings." This is good news for parties and their counsel who can't get to a jury just yet. Remember, some 98% of cases settle before trial. A few circuits have engaged in the limited pilot program of remote trials with mixed reviews. At present, all courts remain at either Phase 1 or 2 in this continuing pandemic. As a reminder, Phase 1 means in -person contact is inadvisable, court facilities are effectively closed to the public, and in-person proceedings are rare. Phase 2 encompasses limited in-person contact is authorized for certain purposes and/or requires use of protective measures. Phase 3 states in-person contact is more broadly authorized and protective measures are relaxed. Finally, one day (hopefully next year) we will get to Phase 4 when COVID-19 no longer presents a significant risk to public health and safety. In the meantime, call your mediator and get those pending matters settled! See more here in this updated color-coded guide-- Court Phased Opening Status

Hurricane Mediations Sure to Come

With the likely path of Hurricane Dorian to include Florida, homeowners will want to check their insurance information and keep policy numbers handy should claims arise. I have conducted many mediations over the past few hurricane seasons and as is expected, these claims take time to adjust and longer to litigate and eventually mediate. Past storm litigation continues for thousands of residents previously encountering losses. Keep in mind, under state law, a hurricane is defined in Section 627.4025(2)(c), Florida Statutes, as a storm system that has been declared a “hurricane” by the National Hurricane Center of the National Weather Service. According to Section 627.4025, Florida Statutes, the Hurricane Deductible applies only in the event of a named hurricane. The duration of a hurricane in which the Hurricane Deductible would apply includes the time period: 1) Beginning at the time a hurricane watch or warning is issued for any part of Florida by the National Hurricane Center and 2) Ending 72 hours following the termination of the last hurricane watch or hurricane warning issued for any part of Florida by the National Hurricane Center. Florida's Department of Consumer Services usually updates information in the aftermath of a named storm and lists contact information for most insurance carriers. Stay safe and see more here-- https://tinyurl.com/yyhtby9y and https://tinyurl.com/y44t4cmq

Fla Bar ADR Section Launches New Website

This month, the Florida Bar Alternative Dispute Resolution Section updated the website which I created at its inception. Our new platform will be able to provide more features to members of the section. The ADR Section was founded nearly a decade ago and provides a forum for lawyers interested in alternative dispute resolution and for 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 its annual dues and can add this at the time of general bar dues renewal in the summer. The ADR Section keeps its membership informed and updated regarding legislation, rules and policies in connection with mediation, arbitration and other ADR processes. We also produce quality continuing legal education programs in the field. Next month, I will moderate a webinar focused on new developments in Online Dispute Resolution or ODR. The presentation will examine the different online dispute resolution processes that are available, the benefits of such processes, the technology used to implement those processes. The See more at https://flabaradr.com/

ADR Section Meeting Next Month in Orlando

The Florida Bar Alternative Dispute Resolution (ADR) Section mid-year meeting occurs January 17, 2019 in Orlando. Our Executive Council will be meeting in-person and all section members are invited to attend, as always. If members of the section have something specific to put on that agenda, please contact Stefanie Svisco, our Florida Bar Program Administrator in Tallahassee. At that time, our section also will be joining with The Florida Bar to produce a training program for mediating and arbitrating attorney grievances. Neutrals are always needed for this process so if you have a desire to get involved, come live to the training or find it online after the meeting and get involved in helping The Florida Bar address these situations. Another project underway next year is a request from the Florida Supreme Court’s Rules & Policy Committee for input from our section members on Mediator Ethics Advisory Committee (MEAC) opinions as well as the Ethical Rules for Certified and Court-Appointed Mediators. This is your opportunity to let the Rules & Policy Committee know which MEAC opinions should be reviewed and potentially revised. The rules form the foundation for MEAC opinions and analysis. Are there areas where the rules should be amended or clarified? The process of amending or making new rules in Florida requires advocates contact the relevant rules committee with suggestions for rule changes based on outcomes and decisions that the participants believe highlight areas of confusion or unintended consequences. Please take this opportunity to let us know. We will capture the comments on our website and submit them to the ADR Rules & Policy Committee as they begin the process of considering upcoming rule changes. We will begin accepting your submissions on the rules starting on February 1, 2019 with a cut-off of March 31, 2019. You will receive a separate email with the details for the submission after January 1, 2019. See more here-- https://bit.ly/2R81ECk

SCOTUS Denies Cert on 5th DCA Ruling Against Arb

The U.S. Supreme Court declined last week to review an appellate ruling by Florida's Fifth District Court of Appeal (5th DCA) that found a patient arbitration agreement unenforceable because it ran afoul of state law, despite the health care provider’s warnings that the ruling could render other health care arbitration agreements here unenforceable. The U.S. Supreme Court refused to grant Kindred Hospital East LLC's certiorari petition, just the latest in a series of long-running battles over the enforceability of health care arbitration agreements. Kindred asked the U.S. Supreme Court to review the state appeals court’s refusal to force the arbitration of medical malpractice claims, saying the decision violates the Federal Arbitration Act. The fundamental dispute lies between state courts and the high court over the scope of the Federal Arbitration Act, as both sides in the dispute argue in their briefs. Kindred asserted if the ruling below was permitted to stand, every contractual agreement to arbitrate healthcare disputes in Florida would be unenforceable. The underlying Plaintiff had sued Kindred and several doctors for medical malpractice in state court after she suffered unspecified injuries during a 2012 stay at an Ocala hospital, a move Kindred argued was prohibited by an arbitration agreement signed by both parties. Florida's 5th DCA sided with the Plaintiff in the summer of 2016 and overturned a trial court’s ruling that compelled the parties to go to arbitration, per the terms of the contract. The appeals court found that the arbitration agreement was invalid because it selectively incorporated provisions from Florida’s own Medical Malpractice Act (MMA) that were favorable to Kindred and left out provisions favorable to patients. Specifically, public policy prohibits the enforcement of an arbitration provision that incorporates some, but not all, of the MMA's arbitration provisions. See more here-- http://bit.ly/2mw6Nmf and http://bit.ly/2EG8ipq and http://bit.ly/2FDvSoj

Meet the Mediator

Our mediation and arbitration firm, Upchurch Watson White & Max Mediation group, based in Central Florida with offices throughout the state, has been profiling our neutral panel members and this month is my turn: "Lawrence has a distinguished career in Alternative Dispute Resolution. He has been a professional neutral for sixteen years. In that capacity he has served as an arbitrator, mediator, and as a general magistrate. Through his bar association work he chaired the effort to modernize Florida Civil Procedure Rules to include E-Discovery. He has also been a member of the faculty at the Advanced Judicial College, Bench Bar conference, and The Masters Conference for Legal Professionals. You may have seen his articles in the Orange County Bar Association Briefs. He is also the author of the officially listed ABA Journal "Blawg" Orlando Mediator (www.abajournal.com/blawg/Orlando_Mediator). Lawrence is AV® rated and has been recognized as a Florida Trend Legal Elite in Arbitration & Mediation, selected as Mediator of the Month™ in Attorney at Law magazine, and identified as a SuperLawyer™. He serves on the Executive Council of The Florida Bar ADR Section (www.fladr.org). He was even named a Litigation Trailblazer and Pioneer™ by the National Law Journal for his innovative work in alternative dispute resolution practice. Needless to say, he has been a very welcome addition to UWWM’s panel of professional neutrals. He brings a scholarly and informed perspective to the firm and to his clients. Given his impressive resume, I thought it might be interesting to discover something about Lawrence that we didn’t know." Aw-shucks! Read my colleague's interview of me here-- http://www.uww-adr.com/Meet-Our-Mediators--Lawrence-Kolin-1-817.html

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

Guess Who’s Coming To Mediation - Next Thursday 2/19 at Noon!

Register for our free Upchurch Watson White & Max CLE webinar: "Guess Who’s Coming To Mediation" February 19. 2015 at noon. UWWM has applied for 1.0 hour General Credit (50 min) CLE from The Florida Bar. Program Speakers include distinguished UWWM mediators: Michelle Jernigan, Lawrence Kolin, and Dominic Brandy. At this unique online seminar, designed to increase or maintain the attorney’s professional competence and skills as a lawyer, you will be exposed to Florida rules under the topic of attendance and authority at mediation. Effective speakers in the areas of mediation certificates of authority and local rules, and use of technology for attendance will engage the audience and inspire conversation and questions on the related topics. The seminar is geared toward litigation practitioners whose clients utilize recognized processes in Florida’s courts to resolve cases, as well as mediators and arbitrators who may be eligible for CME. Michelle Jernigan will serve as our Moderator and review recent state rule changes for certifying attendance under Rule 1.720, FRCP. This rule redefines party attendance/authority and significantly, requires that the parties file a “certification of authority,” 10 days prior to appearing at a mediation conference, identifying the person or persons who will be attending the mediation conference as a party representative or as an insurance carrier representative, and confirming that those persons have the authority required by the amended rule. Lawrence Kolin will continue the discussion of appellate attendance rule, Rule 9.720, FRAP and local rules for court annexed mediation in the U.S. District Courts for the MDFL and NDFL and business court. The new language in Florida Rule of Appellate Procedure 9.720 was originally suggested by Kolin and designed to mirror what has been in effect for mediation of trial court level cases since 2011. Mediated settlement conferences pursuant to this rule are meant to be conducted when the participants actually engaged in the settlement negotiations have full authority to settle the case without further consultation. Local court rules for the Middle and Northern Districts of Florida will also be covered. Finally, Dominic Brandy will outline of new rule in U.S. District Court for SDFL and requirement for court approval, if variations are required. Unless excused in writing by the presiding Judge, all parties and required claims professionals (e.g., insurance adjusters) shall be physically present at the SDFL mediation conference (i.e., in person if the party is a natural person or by personal attendance of a corporate representative if the party is an entity) with full authority to negotiate a settlement. The mediator shall report non-attendance to the Court. Failure to comply with the attendance or settlement authority requirements may subject a party to sanctions by the Court. A Question & Answer session will follow the webinar presentation. Information on panelists at http://www.uww-adr.com/webinar/guess-whos-coming-to-mediation and link to your registration here--https://attendee.gotowebinar.com/register/628144760073036802 so sign-up now!

ADR Rules & Policy Responds to Comments on ADR Process Rules for which No Other Standards Exist

The Supreme Court of Florida's Committee on Alternative Dispute Resolution Rules and Policy is proposing amendments to the Civil Procedure Rules, Family Law Rules, and brand-new Florida Rules for Court-Appointed Alternative Dispute Resolution Neutrals Regarding Alternative Dispute Resolution Processes for which No Other Supreme Court Rules or Standards for Professional Conduct Exist. Comments were filed at the end of last year to which Committee Chair, Hon. William D. Palmer, Fifth District Court of Appeal has responded, stating the new rules and standards provide basic rules intended to provide some level of guidance to practitioners and protection to consumers for ADR processes for which no guidance or protections currently exist. Current ADR processes which have promulgated rules and standards would not be subject to these rules. According to the committee's response, some of the "Other ADR Processes" are currently authorized in statute (such as Voluntary Trial Resolution) and others are being utilized by courts and parties with no particular statement of authority (such as Early Neutral Evaluation). The ADR Rules and Policy Committee seeks to encourage expanded and innovative use of ADR processes without fear of placing parties in jeopardy. The committee feels there is no way of knowing what Other ADR Process will be selected or created by parties or the court, and so there is no way to suggest specific qualifications, certifications, definitions or an appropriate disciplinary process. Due to the unknown nature of which process may be selected, the committee feels it must be up to the court ordering the process to establish some guidance for the process. With regard to confidentiality, the committee states there are many ADR processes for which confidentiality is neither appropriate nor expected. The committee did agree to modify defining a neutral as follows: an impartial third party who is not predisposed to the resolution or outcome of the process who participates at the request of the parties or the court in order to help facilitate settlement or resolution of a dispute. The committee concludes that the adoption of new rules may lead to experience necessary for novel ADR processes to gain popularity, after which time the courts and/or legislature may have confidence to adopt more specific rules for those utilized successfully over a period of time. It is unclear whether the Supreme Court of Florida will hold oral argument on this proposal. See more in filings for Case No. SC14-1852 at http://www.floridasupremecourt.org

Happy New Year from Orlando Mediator!

It has been almost five years since this blog was created by Orlando Mediator, Lawrence H. Kolin, to explore issues and trends in dispute resolution. In that time, this weblog has become an officially-listed "Blawg" of the American Bar Association's ABA Journal. My full-time alternative dispute resolution (ADR) practice has continually evolved since first becoming certified in 2001 in Circuit-Civil and County mediation by the Florida Supreme Court. I have recently joined the prestigious national ADR firm, Upchurch Watson White & Max, known for facilitating reasonable agreements to resolve difficult issues. I continue to handle resolutions of complex cases in state and federal trial courts, as well as appellate mediation. Though litigation costs remain high, filings have slowly risen as the economy finally recovers, with early settlements still popular in business cases. Pre-suit mediation can be effective if the parties have enough information to evaluate their positions in the potential litigation. Another development has been the advent of electronic discovery in state courts and the struggle by judges and lawyers to get a handle on the necessity and expense of producing and exchanging data in proportion to the amount in controversy. Routine early mediation of these e-discovery issues by an experienced E-Neutral can actually help narrow the scope of electronically stored information (ESI) and return the focus of the parties to the merits of the case. I look forward to another great year of highlighting the current news and latest directions ADR is taking in the 21st Century. Thanks for joining me along the way!

ADR Rules and Policy Proposes Amendments, New Rules

In a major development, The Supreme Court of Florida's Committee on Alternative Dispute Resolution Rules and Policy is proposing amendments to the Civil Procedure Rules, Family Law Rules, and brand-new Florida Rules for Court-Appointed Alternative Dispute Resolution Neutrals Regarding Alternative Dispute Resolution Processes for which No Other Supreme Court Rules or Standards for Professional Conduct Exist. According to The Florida Bar News, the Court is inviting all interested persons to comment on the proposed amendments, which appear online at-- http://www.floridasupremecourt.org/decisions/proposed.shtml. All comments must be filed on or before December 15, 2014, with a certificate of service verifying that a copy has been served on Committee Chair, Hon. William D. Palmer, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114 or palmerw@flcourts.org, and on staff to the Committee, Susan C. Marvin, Dispute Resolution Center, Florida Supreme Court Building, 500 South Duval Street, Tallahassee, Florida 32399 or marvins@flcourts.org, as well as a separate request for oral argument if commenters wish to participate in oral argument, which may be scheduled on this case. The Committee Chair has until January 5, 2015, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). See more information here-- http://www.floridasupremecourt.org/decisions/proposed.shtml#altdispute

FLABAR ADR Section Spotlights Upcoming Mediation Week

Michelle Jernigan, Editor of The Florida Bar Alternative Dispute Resolution (ADR) Section's News & Tips publication, has put forth a special edition featuring "Stories Mediators Tell" which is a theme of the American Bar Association's Mediation Week. She recounts that Florida's first Citizens Dispute Settlement Program began in 1975. In 1982, the Florida legislature passed a family mediation statute. In 1986, Florida's Supreme Court created the Florida Dispute Resolution Center to research and develop an infrastructure for a statewide ADR program covering all court contested matters. The following year, the Florida legislature passed one of the most comprehensive legislative ADR programs in the entire country. Since 1988, Florida courts have had authority to order parties to mediation. Jernigan writes that ADR procedures have now permanently altered the judicial culture of Florida. Most cases in Florida are voluntarily mediated at least once, and sometimes twice, in lieu of going to trial which has really become the alternative form of dispute resolution. Many parties seek to utilize pre-suit mediation before a lawsuit is even filed. Even litigants with contractual arbitration clauses frequently choose to mediate before submitting the dispute for final disposition to an arbitrator. Mediation Week will be celebrated nationally from October 12-18, 2014. See our ADR Section newsletter for more here: http://bit.ly/1v4cyYt

Knocking the "A" off ADR

I was recently elected to the Executive Council of the Alternative Dispute Resolution Section of The Florida Bar. At our meeting during the annual convention in Orlando, we discussed the well-known rate of settlements and the fact that less than 2% of cases actually result in trials. Mediation is an established part of the legal system in most populous states and in reality, it is the norm rather than an alternative in resolving disputes. Court-ordered in many instances, but always voluntary as to the self-determined outcome, mediation is simply dispute resolution. I am now involved in producing an ADR Section website and our committee is thinking about shaking up the branding and nomenclature to reflect the maturity of mediation and arbitration. Perhaps ADR in the 21st century is a misnomer? Maybe the "A" in ADR should morph from "alternative" into "accessible" dispute resolution or be dropped entirely? These are some of the issues our profession is grappling with as our bar approaches 100,000 lawyers in Florida. Stay tuned for more on this topic and give your input by joining the ADR Section through the application here: http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/3FA42C39F1E41CC38525777400465729/$FILE/ADR%20Application.pdf?OpenElement