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

Join us at OCBA Bench Bar 2026 on May 1!

I am pleased to be asked back to the biennial Orange County Bar Association Bench Bar Conference May 1st in Orlando to discuss private judging and arbitration, including nonbinding arbitration which is widely misunderstood. This year's football-themed event is dubbed "The Ultimate Playbook: Winning Techniques From The Bench." This unique event will bring together 300+ legal professionals, esteemed judges, and influential members from Orange, Osceola, and Seminole counties, all coming together. We'll have enlightening discussions and hear valuable insights from legal experts across various domains, including Business Law, Criminal Law, Estate, Probate & Guardianship, Personal Injury, Circuit Civil, AI Ethics, and more. By being with experienced lawyers and judges, you will learn from the best and gain unparalleled knowledge from seasoned legal professionals who will share their insights on cutting-edge legal topics. Networking with the brightest minds in the legal industry, this meeting fosters valuable relationships that can shape your legal career. Training sessions will enhance your skills and keep you up-to-date with the latest developments in the legal field. We'll also preview tools from various legaltech vendors who will share how their products and services to enhance and streamline your legal practice. My session is entitled "Calling in the Special Teams: Arbitration & Private Judging." In the fast-paced game of litigation, knowing when to call in your ADR “special teams” can be the key to strategic success. This dynamic and engaging CLE will explore how arbitration and private judging are being used as powerful tools to resolve disputes more efficiently, creatively, and cost-effectively. Participants will gain insight into the tactical advantages of these alternative dispute resolution mechanisms, including how and when to incorporate them into their legal strategy. Seasoned practitioners will break down best practices, common pitfalls, and recent trends in the use of arbitration clauses, the selection of private judges, and the enforcement of awards and judgments. Whether you're new to ADR or a veteran seeking to expand your toolkit, this session will equip you with the knowledge to confidently navigate outside the traditional courtroom — and make the winning call when it counts. Eloisa Pino, our moderator is joined by Alice Blackwell, Lawrence Kolin and The Honorable Heather Pinder Rodriguez. See more here-- https://orangecountybar.org/resource/resmgr/documents/bench_bar/2026/ocba-bench_bar_schedule-8.5x.pdf

Upchurch Speaks on Future of Mediation

Alternative Dispute Resolution pioneer John Upchurch of the firm Upchurch Watson White & Max shared his insights on the future of mediation at the Orange County Bar's ADR Committee Luncheon CLE today in Orlando. He was appointed by the Supreme Court of Florida as a charter member of the Supreme Court Committee on Mediation and Arbitration in 1989 and has been resolving disputes ever since. Upchurch opines that injecting creativity into the process could lead to future trends including non-traditional methods in Florida such as Early Neutral Evaluation or even so-called "Night" Baseball Arbitration. He also sees a potential for growth in E-Neutral services with the advent of E-Discovery rules and the need for stronger case management. As for the more typical types of cases, recent case law invalidating caps on medical malpractice damages and the start of new construction projects should lead to more opportunities to employ ADR services in the coming year. Upchurch also commented on the effects of lack of preparation for mediation and down-streaming of cases that need settling, including more follow-up and possibly reconvening parties and counsel. Finally, a discussion was had about the use of Special Magistrates in state court, much like Special Masters in federal court, to streamline discovery and enable quick decisions in a complex case to be made without judicial intervention beyond ratification or rejection of reports and recommendations.

Florida Bar ADR Section Update

Yesterday, I attended the Executive Council meeting of The Florida Bar's ADR Section, first formed in 2010. As outgoing chair of the Orange County Bar Association's ADR Committee, which I petitioned for and founded last summer, I reported on the progress of our local bar group and the programs put on in the inaugural year. Much like the OCBA committee, the big bar's section provides a forum for lawyers interested in alternative dispute resolution and to share common interests, ideas and concepts. The section also provides a source for advocacy involving all forms of alternative dispute resolution and makes formal recommendations to the Supreme Court of Florida Committee on Alternative Dispute Resolution Rules and Policy. Any member in good standing with The Florida Bar interested in the purpose of the section is eligible for membership. Among the proposals for the next bar year, the ADR section plans to amend its by-laws to include inactive members of the Florida Bar who need not be Certified Mediators. A discussion was had about the various newly created residential foreclosure programs in circuits around the state since the disbanding of the state's uniform program. Also discussed, were efforts to bring about a change in CME reporting to the Dispute Resolution Center which would push reporting from two to every three years and in sync with one's Florida Bar reporting date for CLE. Another proposal seeks to make DV credits only part of requirements for Family Law Certified Mediators. The section is exploring hosting its own website, social media pages and a possible listserv. The section will also seek to implement guidelines for amicus involvement in rules cases. A survey will be sent to the over eight hundred members of the new section, asking for feedback. Finally, the section voted to donate $1,000 to The Florida Bar Foundation as a gesture of support for the organization which recently suffered a loss in funding and remains a crucial part of pro bono efforts throughout the state. More information here- http://bit.ly/O7hBSf and http://www.flabarfndn.org/about/