Happy Zoom Year! Join Us 1/22/21!

Please join us later this month for the first program of our webinar series this year in conjunction with the University of Florida Institute for Dispute Resolution. Along with my longtime colleague and fellow mediator and arbitrator at our mediation firm, Michelle Jernigan, I'll go through current dispute resolution options in Florida as reopening of the courts remains uncertain until Covid-19 no longer presents a significant risk to public health and safety. Meanwhile, mediation, arbitration, nonbinding arbitration and early neutral evaluation are proving to be as effective online as they were in person. Which means of resolution fits the particular fuss? We'll discuss the features of each form of ADR. Join us for this free Webinar, scheduled for Noon on Friday, January 22, 2021, and you'll be eligible for one general CLE credit from The Florida Bar and self-reported CME to the Dispute Resolution Center. Please register here today-- https://register.gotowebinar.com/register/4952883580082820875

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

Mediation Week 2017

American Bar Association (ABA) Mediation Week is in progress and the theme this year is "Mediation, Civility and the Power of Understanding." As lawyers and mediators, we understand both the challenges and rewards of helping parties in conflict reach an agreement by getting past differences in positions, by understanding each other’s perspectives better, and by finding ways to get their important interests met while staying true to their values and belief systems. Programs held during ABA Mediation Week provide neutrals, advocates and policy makers with inspiration and tools necessary to bridge the gap that often prevents amicable resolution of disputes. Over the last few decades the field of alternative dispute resolution has grown tremendously, helping to clear dockets in the courts. The recognition that not all cases are well suited for the adversarial process and that there are multiple paths to justice is increasingly shared by attorneys, judges, and the public. ABA Mediation Week celebrates of the strides in institutionalizing mediation as one of several appropriate dispute resolution processes. Our firm is contributing by putting on a program this week at the University of Florida College of Law's Institute for Dispute Resolution. My topic is Language of Mediation in which my colleague and I look at destructive language patterns and modes of communication, including cultural metaphors and discourse analysis. Simply put, language has an impact on a subconscious as well as a conscious level. In the setting of conflict resolution, it offers concrete, positive alternatives to potentially destructive speech. With more awareness of the relationships among language, culture and diversity, a mediation participant’s sensitivity to the importance of structural and non-verbal aspects of communication should increase. See more on our UF program here-- http://bit.ly/2gklRkm

Join us 10/20 in Gainesville for CME/CLE!

My colleagues at Upchurch Watson White & Max Mediation Group and I will be presenting a multi-faceted eight-hour CME/CLE on the topics below in conjunction with the University of Florida Levin College of Law Institute for Dispute Resolution on October 20, 2017. Together, we will share our collective experience in the trenches of mediation. Presentations include: “Standards of Good Faith Conduct in Mediation – Mediators and Lawyers,” Larry Watson, Al Tetrault and Carl Schwait “What’s Going on in the Other Room,” Richard Lord and Jeff Fleming “Language of Mediation,” Howard Marsee and Lawrence Kolin “Negotiation Skills,” Judith Lane, Kim Sands and Alvin Capp “Designing the Mediation Process,” Rod Max, Dominic Brandy and Shelley Leinicke “Cross Cultural Mediation,” Ricardo Cata, Art Garcia and Richard Lord “Diffusing Volatile Emotions,” Michelle Jernigan and Brandon Peters “The Florida Mediation Movement – a Perspective,” John Upchurch, Larry Watson, Terry White and Rod Max Registration has not yet opened, but save the date please check back for more details soon and be sure not to miss this unique program! See our reminder link here-- http://www.uww-adr.com/Annual-8-Hour-CME-CLE--Live--7-8.html

Meet the Mediator

Our mediation and arbitration firm, Upchurch Watson White & Max Mediation group, based in Central Florida with offices throughout the state, has been profiling our neutral panel members and this month is my turn: "Lawrence has a distinguished career in Alternative Dispute Resolution. He has been a professional neutral for sixteen years. In that capacity he has served as an arbitrator, mediator, and as a general magistrate. Through his bar association work he chaired the effort to modernize Florida Civil Procedure Rules to include E-Discovery. He has also been a member of the faculty at the Advanced Judicial College, Bench Bar conference, and The Masters Conference for Legal Professionals. You may have seen his articles in the Orange County Bar Association Briefs. He is also the author of the officially listed ABA Journal "Blawg" Orlando Mediator (www.abajournal.com/blawg/Orlando_Mediator). Lawrence is AV® rated and has been recognized as a Florida Trend Legal Elite in Arbitration & Mediation, selected as Mediator of the Month™ in Attorney at Law magazine, and identified as a SuperLawyer™. He serves on the Executive Council of The Florida Bar ADR Section (www.fladr.org). He was even named a Litigation Trailblazer and Pioneer™ by the National Law Journal for his innovative work in alternative dispute resolution practice. Needless to say, he has been a very welcome addition to UWWM’s panel of professional neutrals. He brings a scholarly and informed perspective to the firm and to his clients. Given his impressive resume, I thought it might be interesting to discover something about Lawrence that we didn’t know." Aw-shucks! Read my colleague's interview of me here-- http://www.uww-adr.com/Meet-Our-Mediators--Lawrence-Kolin-1-817.html

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 us in JAX for CME 6/2!

This Thursday, June 2, 2016, at the Florida Coastal School of Law, 8787 Baypine Road in Jacksonville, I will take part in a legal educational seminar geared for mediators. The course is eligible for up to 8.0 Continuing Mediation Education (CME) hours, including 4.0 Ethics, 2.0 Domestic Violence, 1.0 Diversity and 1.0 General credit. Mediators are required to self-report hours applicable to their areas of certification at the time of their renewal. (For more information on the CME requirement, visit www.flcourts.org.) Additionally, organizers have applied for accreditation for 8.0 General Continuing Legal Education (CLE) credits, including 4.0 Ethics Credits. (Seminar credit must be reported to The Florida Bar to satisfy CLE requirements. For more information, contact The Florida Bar at 800-324-8060, ext. 5842, or visit www.floridabar.org.) At 1:00 p.m., colleagues Michelle Jernigan, and Lawrence Kolin of the Orlando office of Upchurch, Watson White & Max Mediation Group, will present “How Do You Deal with This?” The ethics presentation will help fellow mediators anticipate, understand and be prepared to cope with some of the really difficult problems mediators encounter in everyday conferences. This section will also be interactive, dealing with real-life ethical dilemmas and practical quandaries as part of the mediation process. To see the full eight-hour agenda and register, visit www.jaxbar.org/register-event/?events_id=312.

The Florida Bar ADR Section Turns 5

The ADR Section of The Florida Bar, now in its fifth year, will meet at the annual convention in Boca Raton tomorrow, to continue advancing new programs and opportunities for continued growth and participation in the section. The ADR Section was established in 2010 to provide a forum for lawyers interested in alternative dispute resolution and to provide a forum for discussion and exchange of ideas leading to an improvement of individual ADR skills and abilities. The ADR Section will keep the Bar membership informed and updated regarding legislation, rules, and policies in connection with mediation and other ADR processes and the responsibilities they impose on mediator and arbitrator members, as well as provide quality continuing legal education programs. During The Florida Bar’s 2014 Annual Convention, the ADR section hosted a working meeting for ADR section members. Those in attendance nominated new executive council members. I was pleased to be nominated, having already founded and chaired the ADR Committee of the Orange County Bar Association in Orlando. New members elected to the ADR executive council included my Upchurch Watson White & Max Mediation Group (UWWM) colleagues, Robert A. Cole and Michelle Jernigan, who edits our section newsletter. Additionally, ADR section committees were established that plan and execute section activities, events, and programs to benefit section members. Among the busiest were: Website, Newsletter, and Legislation. The Website Committee, which I chaired, worked with the executive council and a vendor and launched the new ADR section website, www.fladr.org. The immediate goal is to make the ADR section and its benefits more accessible to all Florida Bar members, which will provide information on available CLE programs and links to MEAC opinions. In addition, each of the section’s News & Tips can be viewed from the website. The CLE committee plans to host programs with other Florida Bar sections that will not only benefit members of the ADR section, but all members of The Florida Bar. We recently presented a June UWWM webinar on issues relating to "Other ADR" in Florida with incoming ADR Section Chair, Bob Hoyle, who plans to present additional webinars on ADR through the section this year. The ADR Section will also present a seminar on mediation and arbitration today at the 2015 Florida Bar Annual Convention. For additional information on how to join the Alternative Dispute Resolution Section, visit the ADR section website-- www.fladr.org

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.

Mediating Professor: Mediation Theory & Practice

Last week, I had the privilege of teaching the Mediation Theory & Practice class of my UWWM colleague Brandon Peters at FAMU College of Law. I was glad to find students bright and eager to learn the practical side of our profession. Our topic was representing clients at mediation. This required putting back on the advocacy hat and thinking about the process of mediation in a different way than in my daily job as mediator. As a neutral, we are motivated to facilitate the parties in making a decision for themselves. In examining how attorneys should represent clients at mediation, we reviewed the traditional role of a zealous advocate and what issues might arise during negotiations, such as lawyer-client conflicts of interest, non-economic concerns, and other potential inhibitors to a deal. Selecting attendees was also a big topic. In discussing this, we went over scenarios of a multi-party case and explored the attributes and potential influences of both large and small contingents at mediation, while keeping in mind confidentiality as paramount. Finally, we looked at preparation for mediation, including preparing the client and managing expectations for settlement. These components cannot be underestimated in achieving a successful result at mediation. It was truly refreshing to talk with law students about what we do as full-time neutrals on a regular basis and to be reminded of the important service that alternative dispute resolution neutrals provide to our court system.

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!

Happy New Year from Orlando Mediator!

It has been almost five years since this blog was created by Orlando Mediator, Lawrence H. Kolin, to explore issues and trends in dispute resolution. In that time, this weblog has become an officially-listed "Blawg" of the American Bar Association's ABA Journal. My full-time alternative dispute resolution (ADR) practice has continually evolved since first becoming certified in 2001 in Circuit-Civil and County mediation by the Florida Supreme Court. I have recently joined the prestigious national ADR firm, Upchurch Watson White & Max, known for facilitating reasonable agreements to resolve difficult issues. I continue to handle resolutions of complex cases in state and federal trial courts, as well as appellate mediation. Though litigation costs remain high, filings have slowly risen as the economy finally recovers, with early settlements still popular in business cases. Pre-suit mediation can be effective if the parties have enough information to evaluate their positions in the potential litigation. Another development has been the advent of electronic discovery in state courts and the struggle by judges and lawyers to get a handle on the necessity and expense of producing and exchanging data in proportion to the amount in controversy. Routine early mediation of these e-discovery issues by an experienced E-Neutral can actually help narrow the scope of electronically stored information (ESI) and return the focus of the parties to the merits of the case. I look forward to another great year of highlighting the current news and latest directions ADR is taking in the 21st Century. Thanks for joining me along the way!

Orlando Mediator Lawrence Kolin Joins Upchurch Watson White & Max

Just a moment of personal privilege-- I'm pleased to announce moving my dispute resolution practice to Upchurch Watson White & Max, a nationally leading mediation firm known for facilitating reasonable agreements to resolve complex civil litigation. As a UWWM neutral panelist in Florida in exclusive practice in Alternative Dispute Resolution, I'll continue to offer my wide-ranging experience in settling disputes, including serving as a Mediator, Arbitrator, E-Neutral and Special Master. In this role, I'll keep writing on implementing innovative methods of ADR to resolve cases, such as Early Neutral Evaluation of lawsuits. You can also get the latest trends on this, my officially ABA listed "Blawg." For more complete information and to schedule, see-- http://www.uww-adr.com/biography/lawrence-h-kolin (800) 863-1462 For the press release regarding my joining this prestigious group of dispute resolvers, see-- http://www.prweb.com/releases/mediator/lawrence_kolin/prweb12283619.htm

FLABAR ADR Section Spotlights Upcoming Mediation Week

Michelle Jernigan, Editor of The Florida Bar Alternative Dispute Resolution (ADR) Section's News & Tips publication, has put forth a special edition featuring "Stories Mediators Tell" which is a theme of the American Bar Association's Mediation Week. She recounts that Florida's first Citizens Dispute Settlement Program began in 1975. In 1982, the Florida legislature passed a family mediation statute. In 1986, Florida's Supreme Court created the Florida Dispute Resolution Center to research and develop an infrastructure for a statewide ADR program covering all court contested matters. The following year, the Florida legislature passed one of the most comprehensive legislative ADR programs in the entire country. Since 1988, Florida courts have had authority to order parties to mediation. Jernigan writes that ADR procedures have now permanently altered the judicial culture of Florida. Most cases in Florida are voluntarily mediated at least once, and sometimes twice, in lieu of going to trial which has really become the alternative form of dispute resolution. Many parties seek to utilize pre-suit mediation before a lawsuit is even filed. Even litigants with contractual arbitration clauses frequently choose to mediate before submitting the dispute for final disposition to an arbitrator. Mediation Week will be celebrated nationally from October 12-18, 2014. See our ADR Section newsletter for more here: http://bit.ly/1v4cyYt

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.