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

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

3M CEO Required at Mediation

A Florida federal judge has ordered 3M CEO Michael Roman to attend mediation to resolve some 260,000 lawsuits alleging its military earplugs caused hearing loss. The judge wants the executive present so that he may "listen and engage directly with the mediators." Reportedly, mediation so far has been "encouraging," but requires 3M senior leadership to push ahead per the judge's order. Attendance of the CEO will ensure that 3M's board will have "firsthand knowledge of the current state of the negotiations" when evaluating any settlement offer. The lawsuits brought by veterans and members of the military allege that 3M's combat arms earplugs were defective. The company utilized bankruptcy of its subsidiary Aearo Technologies LLC, which manufactured the earplugs to try resolving the cases. 3M had opposed efforts to renew global mediation efforts in Florida federal court while Aearo's bankruptcy case is pending. 3M states it continues to believe that Aearo's bankruptcy provides a better option for resolving the earplug claims "more quickly, with more certainty and with more balanced recoveries among claimants." Aearo's bankruptcy strategy has been fiercely opposed by plaintiffs, who said that 3M was merely trying to escape litigation in Florida, following a series of unfavorable legal rulings and trial losses. See story here-- https://money.usnews.com/investing/news/articles/2023-05-22/3m-ceo-must-attend-mediation-in-earplug-litigation-judge-rules

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

Remote CME & Training To Continue

This week, the Supreme Court of Florida amended an administrative order (AO) regarding mediator certification and renewal. This continues the judicial system's periodic update for measures to address the effects on court operations of the Coronavirus Disease 2019 (COVID-19) pandemic. Please note this is an amendment to AOSC20-24 issued in the spring. Some provisions of the order expire on December 31, 2020, and some provisions have been extended until December 31, 2021. The Dispute Resolution Center states in a message to mediators that the AO should be read carefully as all dates listed are correct. Provisions that have been extended through December 31, 2021 include:

1. Training programs are allowed to be conducted online 

2. Certified mediators may complete their CME requirements in any format including non-live programs

3. Rules for Certified and Court-Appointed Mediators suspended as to required points for mentorship (except for county mediator certification, some mentorship activities may still be needed for applicants to reach the required points for certification)  

4. Electronic signatures of mentors in the mediator certification application may be provided; and

5. Deadline extensions granted for approved mediation trainers through December 31, 2021.

See more here-- https://bit.ly/2LR95gi

MEAC's Latest on Reporting Settlements

Florida's Mediator Ethics Advisory Council (MEAC) recently considered an inquiry on reporting partial settlements. A mediator writes in that the inability to differentiate between a final and partial agreement on the face of the report as permitted by the mediation procedural rules has created an ethical dilemma in the need to report to the court the actual outcome of the mediation and the status of the case. The practitioner complains it is not only misleading to the court to report only "agreement" or "no agreement," it is also time consuming for the judges, judicial assistants or case managers to read every agreement to determine if it is final or partial agreement as opposed to being able to look at the report. MEAC found that in civil and family law cases only, with the consent of the parties, the mediator's report may also identify any pending motions or outstanding legal issues, discovery process, or other action by any party which, if resolved or completed, would facilitate the possibility of a settlement. To report anything additional without agreement of the parties, or add descriptors or modifiers to "agreement," "no agreement," or "partial agreement," would be providing information to the court, an action which is prohibited by the Mediation Confidentiality and Privilege Act, Sections 44.401-405, Florida Statutes. They did say, however, the rules do not restrict the parties from including in the written agreement their consent to the inclusion of additional language, descriptors, or modifiers in the mediator's report. See full advisory opinion here-- http://bit.ly/2j4YkZr

Join me for 8/31 CLE Mediation Webinar!

Please join me later this month for our UWWM webinar series, presented in conjunction with the University of Florida Levin College of Law's Institute for Dispute Resolution, entitled "Why it is Almost Always Better to Mediate." I'll be joined by my colleague and moderator, Michelle Jernigan, as we explore the advantages of avoiding litigation through the use of mediation in this hour-long Webinar set for noon August 31, 2016. We'll endeavor to explain how non-judicial solutions can be achieved faster, at lower cost. Of course, confidentiality is a key component of the process, and one which can be misconstrued as uniquely part of lawyer-to-lawyer communications on settlement, which are merely excluded from evidence. We will also consider how a third party in a negotiation gains the advantage of insight into positions and information that might otherwise not be available to the lawyers talking alone. As mediators, we are also able to test assumptions about the value of a case and be frank in a way that may not be possible for another lawyer. The content of this Webinar is designed for Florida trial attorneys, paralegals and legal assistants. Our Florida mediation firm, Upchurch Watson White & Max, is happy to provide legal professional colleagues with free continuing legal education opportunities on a variety of ADR issues. Our accredited Mediation Webinars are presented live monthly and you may view them later via links on our website, if unable to attend via GoToWebinar at the time of broadcast. As always, attending our complimentary Mediation Webinar will entitle you to 1.0 hour continuing legal education (CLE) credit already approved through The Florida Bar. Mediators tuning in might also claim continuing mediation education (CME) credit for certified mediators by printing the registration for your records and reporting accordingly with the Dispute Resolution Center (DRC) upon renewal. Register here-- https://attendee.gotowebinar.com/register/5191450080155769092 and read more information here-- http://www.uww-adr.com/Why-It-s-Almost-Always-Better-to-Mediate-7-1.html