Join me and a federal judge 7/10 for free noon CME/CLE!

My old colleague from the United States Attorney's Office in the early 1990s, current U.S. District Judge Paul G. Byron, and I will give a lunchtime Zoom for the ADR Section of The Florida Bar July 10, 2026 at noon ET about conducting federal mediation in the Middle District of Florida, as well as nuances in the Northern District and Southern District. We aim to dispel the impression that mediation in federal cases is somehow different or more difficult. In fact, the similarities are actually greater than the differences. All three federal district courts in Florida: Routinely require mediation; Treat mediation as part of case management; Require attendance by decision-makers; Protect confidentiality; and Expect counsel to participate seriously. Where they differ is primarily in local rules and administration. Attendees of this alternative dispute resolution online presentation will leave with a better understanding of how mediation functions as a structural component of federal civil practice in Florida, including magistrate judge-directed settlement conferences. Our program walks through the authority for mediation under federal rules, how each district implements the process differently, and if "good faith" truly means anything in federal court. Please provide your name and email address to register for this free CLE event. Once you have registered, you will be on the list to receive an email containing the Zoom Link to attend this course. If you do not receive a Zoom link by July 10th at 10 am, please email-- flabaradr@gmail.com. Thank you! See more info and register here-- https://docs.google.com/forms/d/e/1FAIpQLSeJR7UPUqLb1vES3Kw9NhMQKeGD8NNbPOYIkcOVobRkdJ32Kw/viewform

MDFL Seeks Comment on Mediation Rules

The U.S. District Court for the Middle District of Florida has put forth local rule amendments for comment including Mediation. The federal court proposal requires the attendance in-person unless otherwise ordered by the judge or agreed by the mediator — of lead counsel, the parties or a party’s surrogate satisfactory to the mediator, and any necessary insurance carrier representative. This default has been a feature of other courts' rules in recent times since Covid has mostly waned, though many have made the exception to be through stipulation or agreement by the parties, not the mediator. By way of example, the Florida Rule of Civil Procedure 1.700 now states that mediation must be conducted in person, unless the referral order directs, the state court or party moves, or the parties stipulate othewise and also permits a combination of in-person and use of commuication technology. The federal court seeks comment on this change and these can be submitted by by mailing them to Elizabeth Warren, Clerk of Court, Attention: Local Rules Comments, 401 W. Central Blvd, Ste. 2100, Orlando, FL 32801-0201 or submitting through a link here-- https://www.flmd.uscourts.gov/webforms/comment-proposed-amendments-local-rules All comments must be received by 5:00 p.m. EST on August 21, 2023. See the proposed amendments linked to public notice posted here-- https://www.flmd.uscourts.gov/announcements/public-notice-and-opportunity-comment-proposed-amendments-local-rules

New MDFL Local Rules Take Effect 2/1/21

After careful deliberation and based on the Lawyer Advisory Committee's report and the public comments, the Board of Judges recently approved revisions to the Middle District of Florida's Local Rules. The revised Local Rules become effective February 1, 2021. Stated goals for this revision are to: modernize and simplify; accommodate changes in national and local practice; eliminate overlap with federal rules and statutes; eliminate references to specific federal rules and statutes; address re-occurring complaints and issues; and accord with best practices. In regard to mediation, Chapter Four of the new rules specifies that:  To refer an action or claim to mediation, the judge must enter an order that: (a) designates the mediator or directs the parties to select a mediator and to notify the judge of the selection;(b ) establishes a mediation deadline; (c) requires a lawyer to confirm a mediation date agreeable to the mediator and the parties and to notify the judge of the date; (d) requires the attendance of lead counsel, the parties or a party’s surrogate satisfactory to the mediator, and any necessary insurance carrier representative;(e) notifies the parties that unexcused absence or departure from mediation is sanctionable; (f) requires the mediator to report within seven days after mediation the result of the mediation and whether all required persons attended; and (g) directs that the substance of the mediation is confidential and that no party, lawyer, or other participant is bound by, may record, or without the judge’s approval may disclose any event, including any statement confirming or denying a fact — except settlement — that occurs during the mediation. See more here- https://bit.ly/2YctX4u

50th Anniversary of the Middle District of Florida

Tonight in Orlando, The Historical Society of the United States District Court for the Middle District of Florida held a 50th Anniversary Dinner sponsored by members of the Middle District Bar and the Historical Society through the Bench Bar Fund. Senior U.S. District Judge George C. Young was in attendance and said it was his first event outing in many years. Geographically the Middle District of Florida (FLMD) stretches over 350 miles from the Georgia border on the northeast to south of Naples on Florida’s southwest coast. Three of the six largest metropolitan statistical areas (MSAs) in the state, namely, Tampa, Jacksonville and Orlando are within the district. The Clerk’s office headquarters is centrally located in Orlando with additional divisional offices in Tampa, Jacksonville, Fort Myers and Ocala. Demographically over 10 million people, more than 57% of the state’s population, reside within the district. Fifteen of the twenty most densely populated counties in the state are in the Middle District. In all, thirty-five of Florida’s sixty-seven counties make up the Middle District. Florida’s population has increased by about three million each decade since 1970 and now stands at approximately 19 million permanent residents, a 171% increase over the 1970 estimate of 6.8 million. Additionally this state, and the Middle District in particular, is a primary tourist and convention destination adding millions of visitors to those numbers. The Middle District of Florida remains one of the busiest federal district courts in the nation. I am proud to be a member of the MDFL bar and federal certified mediator roster. Read more at: flmd.uscourts.gov and see my alternate site: http://mdfl.tumblr.com/