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

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

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/

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/

Common Ground - Commercial Mediation

This month, I'm pleased to be featured in The Common Ground publication by the Alternative Dispute Resolution Section of the Florida Bar fall/winter issue. I have written about the the dynamics of mediating commercial litigation cases and the unique and different challenges of this type of mediation. Getting the proper parties to the table and adequate preparation of counsel and client are keys to success. I also explain the nuances of commercial mediation by discussing relationships, strategy, multi-party cases, impasse, mediated settlement agreements, and more. Most disputes result from the breakdown of a relationship. Commercial mediators are often able to ascertain the root of that breakdown. Just as in other types of cases, there are underlying relationship issues and while it is conventional wisdom to try and separate the personal from the business issues, it is often the interpersonal that needs to be overcome to get to a satisfactory resolution. For commercial litigation, the atmosphere at mediation should be more like negotiating a complex business deal than making closing arguments. Competitors may even end up becoming partners at the end. See the article along with the entire issue here-- bit.ly/ADR_FW23_CG

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

Valentine's date? Arb Forum 2/14

Join us for the Alternative Dispute Resolution (ADR) Section of the Florida Bar's next Arbitrator's Forum on February 14, 2023 at 8 am EST live on Zoom. Invite a fellow arbitrator or litigator to this complimentary event on Valentine's Day as we speak to statewide practitioners about their preferences and practices. This month, we will discuss “What Arbitrators Need To Know About Remedies, Attorney's Fees, Punitive Damages, and More!” The Florida Bar ADR Section's standing Arbitration Committee instituted the forum series last year to create a community of better informed arbitration neutrals in our state. We listen and learn from each other by talking through common arbitration challenges and how they might be better resolved. Our discussion is frank and encourages participation by all. Please also consider becoming an official ADR Section member as lawyers from those practice areas dealing with arbitration join their full-time neutrals colleagues to discuss what works, what confounds, and how to improve skills in this growing field. See more here-- bit.ly/ADR_ArbForum_6

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

ADR Arbitration Advocacy Institute 11/13!

Please join me this month at the ADR Section of The Florida Bar's inaugural Arbitration Advocacy Institute. This innovative program is a one-day, online workshop for attorney-arbitrators that will provide coaching on mechanics, technology and professionalism to help Florida attorneys boost their arbitration advocacy skills. Attendees will increase their knowledge of the arbitration process from beginning to end-- distinct from mediation and litigation-- and participate in virtual clinics for diverse arbitration practice areas. A prestigious faculty of over 30 presenters will demonstrate effective and ethical techniques that will enable participants to reach the highest levels of advocacy in arbitration. Login on Friday, November 13, 2020 from 8:45 a.m. to 6 p.m. with an optional virtual networking hour on November 12 at 5:30 p.m. This course has been approved for 8.5 General CLE credits in Florida 1.0 of which may be applied toward Professionalism, and 1.0 Technology credit. Participants earn 1.5 additional General CLE credits for participation in a Virtual Clinic. Section members $185, non-section members $230 and law students just $60 (includes ADR Section membership). See more information and registration details here-- https://flabaradr.com/arbitration-advocacy-institute and https://bit.ly/3kRtgaz

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

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

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/

Early Neutral Evaluation: Alternative to Evaluative Mediation

In the latest issue of The Florida Bar ADR Section's New & Tips, I explore a type of Alternative Dispute Resolution that is more often used outside Florida. Early Neutral Evaluation or ENE is evolving as an effective form of ADR, given the continued high cost of litigation. This process is a corollary of mediation that puts the neutral in the role enhancing direct communication between the parties about their claims and supporting evidence. ENE can provide an assessment on the merits of the case by a neutral expert in an early reality check for clients and lawyers alike. This helps to identify and clarify the central issues in dispute, assist with discovery (including E-discovery) and can streamline case management. Early Neutral Evaluation can: - Enhance direct communication between the parties about their claims and supporting evidence; - Provide an assessment of the merits of the case by an experienced legal neutral, amounting to a reality check for clients and lawyers; - Identify core issues in dispute while assisting with discovery planning (including electronically stored information); and - Facilitate settlement discussions when requested by the parties before the evaluation. A court-appointed neutral with expertise in the subject matter typically hosts an informal meeting of clients and counsel, once the parties request ENE. Following presentations consisting of a confidential exchange of factual information, the evaluator identifies areas of agreement, clarifies the issues and encourages the parties to enter into any stipulation or agreement that is feasible, including settlement. The parties’ formal discovery, disclosure and motion practice rights are fully preserved. The confidential evaluation is not shared with the trial court. If no settlement is reached, the case remains in litigation, but likely with the litigants better informed as to the risks, amount of work still necessary and the monetary estimate of continuing toward trial. Read more here-- http://bit.ly/2oEXDa6

Fla.11th Jud. Cir. Responds to Mediator Rules Proposals

Florida's Eleventh Judicial Circuit in Miami-Dade County formally commented on proposed amendments to the Florida Rules for Certified and Court-Appointed Mediators. The proposed changes completely revise Mediator Rules relating to disciplinary matters. The stated intent of the proposal is to address inconsistencies, gaps and omissions found in the present version. However, the Miami judicial circuit claims inconsistencies, gaps and omissions require further consideration by the committee before being approved by The Supreme Court of Florida. The Eleventh Judicial Circuit Mediation/Arbitration Unit stated they recognized the importance of clear and concise guidelines and rules to maintain the ethical standards of the profession and to maintain the public confidence in the mediation process. Their comment emphasizes that the rules, as proposed in the amendments, blur the fundamental principles of equity, due process and neutrality. They find certain amendments are vague, arbitrary, and impose an inequitable burden on the mediator who is the subject of disciplinary action. After a thorough review in which they enumerate the new language and procedural changes, they suggest that instead of promoting a more comprehensive uniformity and consistency, the broad nature of the changes perpetuates further inconsistency and general confusion in the proposed disciplinary procedures. The Florida Bar ADR Section is also considering filing formal comments to these rules proposals and has sought an extension for such period to and including August 24, 2015. Accordingly, the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy is allowed to and including September 14, 2015, in which to file its response. See more here-- Case Number: SC15-875 - IN RE: AMENDMENTS TO THE FLORIDA RULES FOR CERTIFIED AND COURT-APPOINTED MEDIATORS http://jweb.flcourts.org/pls/docket/ds_docket_search

ADR Rules & Policy Proposals Oral Argument Set June 3rd

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. The Florida Bar ADR Section Executive Council has filed its comments in The Florida Supreme Court and has been granted a brief time for oral argument along with others who commented. Among the comments by the ADR Section is a criticism that there is no provision in the proposed rules which mandates that all communications of all "Other ADR Processes" participants are confidential and privileged, as set forth in the Mediation Confidentiality and Privilege Act (though some proponents say that is for the legislature to handle). There is nothing that provides that decisions, awards, or evaluations are sealed (as are the "awards" in mandatory non-binding arbitration) and may not be considered by the presiding judge in the event that the dispute proceeds to trial. However, apparently the neutral, without agreement of the parties, can impose confidentiality upon the parties. New rule 16.100 (a)(2) states that the neutral upon commencement of an “Other ADR Process” session shall "inform the participants the extent to which communications may be confidential." The concept of an evidentiary "privilege" as to mediation communications, which is not the same as "confidentiality," is nowhere set forth in the proposals, nor do the proposed rules provide for any sanctions which can be imposed upon any party for breaching "confidentiality." In the proposal, “Other ADR Process” is defined as “[A]ny method used to resolve disputes other than litigation for which no other Supreme Court rules or standards of professional conduct exist.” The comment by the section specifically points out that rules 16.010 (b), 12.760 (d)(2), 1.840 (c)(2) incorrectly define a "Neutral" as an "impartial third party who participates in a dispute at the request of the parties or the court in order to help facilitate settlement or resolution of a dispute." The terms "Neutral" and "Impartial" are not one and the same. The term "Impartial" as defined in Rule 11.080 of the Florida Supreme Court Rules for Court-Appointed Arbitrators “means freedom from favoritism or bias in word, action, and appearance." The same definition appears in Rule 10.330 of the Florida Supreme Court Rules for Certified and Court-Appointed mediators. The term "Neutral" means not being predisposed to the resolution or outcome of the ADR process. As such, the proposed rules need to be drafted so as to comport with the existing Court Rules. The ADR Section will divide its presentation with others responding to the presentation at oral argument set for 9:00 am EST June 3, 2015 in this matter. See more information here-- http://www.floridasupremecourt.org/decisions/proposed.shtml#altdispute and be sure to tune in here-- http://www.wfsu.org/gavel2gavel/live.php