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

Join us 4/2 for a Free Risk Assessment CLE/CME

Join me and my old friend and new UWWM colleague, Frank Bedell, for a free CLE Webinar at noon ET on Apri 2, 2024. We will explore a foundational understanding of risk assessments. The risk assessment is not about numerical accuracy. It is about reducing a complex claim environment to an easily understandable frame of reference so the client has a clear understanding of where they sit and the relative risk environment (understanding the litigation process and options for resolution). This includes finding agreement on the core claims, defenses, and issues, enough to make an informed valuation of the case. In the end, the objective of the risk assessment is alignment between client and counsel so a path forward can be responsibly outlined – and reevaluated as developments occur. We intend to offer some ideas in the problem-solving role of mediation and to encourage some innovation in the daily approach of settling lawsuits. This complimentary CLE is approved by the Florida Bar for 1.0 hour of general CLE credit. After registering, you will receive a confirmation email containing information about joining the webinar. Register here-- https://register.gotowebinar.com/register/2621743033060336982

Free Online Mediation CLE/CME 3/18

Join us March 18th at 1:00 pm EST for Mediator’s Notebook = Attorney’s Toolbox, a free CLE/CME Webinar with 1.5 credits of CLE from The Florida Bar, but that's not all you'll gain by attending. Whether you are representing plaintiffs or defendants, you'll gain valuable insights on helping your mediator to put everyone's focus on the path to reasonable resolution. Attorneys can often help a mediator to assess what barriers to settlement may exist. We will address what pre-mediation preparation to consider. Additionally, we will cover laying the groundwork for ongoing discussions through messaging. It is often said a case is not worth a penny more than someone is willing to pay or a penny less than someone is willing to accept. We'll discuss how those most patient at mediation have the most to gain. More information and registration details here-- https://bit.ly/3toGkd3

Join us 8/28 for free CLE/CME on Design Thinking in Mediation

Join me and my new UWWM colleague, April Walker, for a free CLE Webinar at noon Wednesday, August 28, 2019. We will explore the application of design thinking to the mediation process in Florida. Those who like to go beyond the day-to-day of alternative dispute resolution and apply other rubrics to improve outcomes should attend this interesting program. The formal title is "Design Thinking Applied to Mediation: Taking Advantage of the Informal and Non-Adversarial Nature of the Mediation Process" and it will look at principles that are successfully employed in other disciplines. For over fifty years, creative problem-solving approach designers have used these techniques to create new values that are different and make a positive impact. We intend to offer some ideas in the problem-solving role of mediation and to encourage some innovation in the daily approach of settling lawsuits. This complimentary CLE is approved by the Florida Bar for 1.0 hour of general CLE credit. After registering, you will receive a confirmation email containing information about joining the webinar. https://register.gotowebinar.com/register/7035925939656754947

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

Mediation Week Professionalism Webinar 10/17

Since I began mediating in 2001, the field of alternative dispute resolution (ADR) has experienced tremendous growth. The recognition that not all cases are well-suited for an adversarial process and that multiple paths exist to achieve justice is increasingly shared by attorneys, judges, and the public. A decade into my ADR practice, in 2011, the American Bar Association (ABA) began recognizing the third week of October as “Mediation Week,” building on the efforts of many other national, state, and local organizations, including the Association for Conflict Resolution (ACR). For this year's ABA Mediation Week, Upchurch Watson White & Max will present its complimentary monthly UWWM Webinar focusing on how to make language and civility work in negotiation. My esteemed colleague, Howard Marsee, with whom I first worked back in 1994, will discuss "The Language of Professionalism in Negotiation " at noon Monday, October 17, 2016. The 75-minute program presented in conjunction with the University of Florida Levin College of Law Institute for Dispute Resolution has a dual purpose to share some of the communication skills that mediators observe in really good negotiators and to explore how language can contribute to professionalism in the context of negotiations. I will help to guide the discussion as moderator. The content of this Florida Bar approved continuing legal education (CLE) is designed for trial lawyers who represent clients in mediation and for professional mediators. See more information and registration link here-- http://conta.cc/2cZWJP3

Join me for UWWM's "Other ADR" CLE June 18th

This month, along with my Upchurch, Watson, White & Max colleagues and a special guest, we'll explore major changes being proposed by The Supreme Court of Florida's Committee on Alternative Dispute Resolution Rules and Policy in our free webinar. This webinar at noon on Thursday, June 18, is set following The Florida Bar Alternative Dispute Resolution Section and formal commenters to "Other ADR" proposals at oral argument this week the Florida Supreme Court. Incoming Chair of the ADR Section, Bob Hoyle, will share highlights of his presentation and the reception of rules by the bench at oral argument set in this matter. See more information on these rules here-- http://www.floridasupremecourt.org/decisions/proposed.shtml#altdispute and be sure to tune in here-- http://www.wfsu.org/gavel2gavel/live.php As CLE presenters, we will review the perceived potential outcome based on this oral argument, as well as explain the new rubric for use of these added settlement techniques. All three presenters-- Lawrence Kolin, Bob Hoyle and Michelle Jernigan-- are members of The Florida Bar ADR Section's Executive Council and will bring special insight to the debate over proposed amendments to the Civil Procedure Rules and 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. This CLE webinar is geared toward litigation practitioners who mediate frequently, as well as mediators who may be eligible for CME. After registering at-- https://attendee.gotowebinar.com/register/8638477297530214914, you will receive a confirmation email containing information about joining our upcoming GoToWebinar program. Look forward to having you join us and if not, the program will be available for replay at-- http://www.uww-adr.com/downloadable-webinars, along with our other CLE programs.

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!

Register for Guess Who’s Coming To Mediation

Join us next month for our next Upchurch Watson White & Max 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 wide ranging 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. 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 www.uww-adr.com and link to your seat here-- https://attendee.gotowebinar.com/register/628144760073036802 so register now!