New FL Ninth Judicial Circuit Biz Court Procedures

Now approaching a decade in existence, Florida's Ninth Judicial Circuit Complex Business Litigation Division or "Business Court" in Orlando specializes in handling complex business cases, such as antitrust, commercial foreclosure, intellectual property, franchise and unfair competition lawsuits. The goal is to handle business litigation matters in a more effective and efficient manner, much like the federal courts. The Business Court Procedures, known locally as the BCP, have just been revised retroactive to April 1, 2013 (in conjunction with civil division e-filing http://www.ninthcircuit.org/about/divisions/civil/downloads/ECF%20NOTICE%20final.pdf). New and notable is the requirement of attorneys who provide more than 50 pages of materials to the court for hearing preparation (typically done by the delivery of indexed binders) to provide this material now only on a USB drive. Also significant is the change to BCP 5.11(a) which requires that contested discovery motions be fully briefed unless the motion will be heard by the magistrate, or unless excused by the trial judge. The use of mediators and magistrates may be discussed the case management process, as well as in resolving ESI disputes arising out of electronic discovery. See Biz Court links here-- http://www.ninthcircuit.org/about/divisions/civil/complex-business-litigation-court.shtml and revised BCP http://www.ninthcircuit.org/about/divisions/civil/downloads/Business-Court-Procedures.pdf

Interesting look at mediation by our neighbors to the north: judge-led mediation

Mediator Louise Otis, who was just awarded the highest legal honor in Quebec, apparently introduced and implemented a voluntary judicial mediation program offering litigants the possibility of meeting with a judge to resolve their civil, commercial or family disputes – claimed to be the first such system at the appellate level in North America.

Says former Judge Otis, "A judge has to apply the law, but a judge mediator can discuss options for solutions with people and this is the difference. I really think that 90 per cent of all conflicts should be resolved through a useful dialogue, constructive dialogue well guided by a private mediator or a judge mediator. If not, our judicial system will lose legitimacy."

She calls it a living laboratory because it is an integrated hybrid system of justice, where mediation and formal adversarial systems stand side by side. Wait-- I thought that's what we have here in Florida?! I suppose the judicial aspect is more formal in Canada, though are judges are capable and often do act to prompt resolution between the parties if at all possible. This is particularly apparent in the Complex Business Litigation Division in Orlando during case management conferences which require attendance of the litigants.

Read more about Montreal's judge-led mediation programs: http://bit.ly/mi8pTI