Orlando Mediator Lawrence Kolin explores current issues in Alternative Dispute Resolution, including mediation and arbitration of complex cases by neutrals resulting in settlement of state and federal litigation and appeals. This blog covers a wide variety of topics-- local, national, and international-- and includes the latest on technology and Online Dispute Resolution affecting sophisticated lawyers and parties to lawsuits.
Showing posts with label defamation. Show all posts
Showing posts with label defamation. Show all posts
Saturday, April 22, 2023
Fox Settlement Shows Remote Mediation Works
Since the advent of the virtual mediation essentially with the rise of remote attendance resulting from the pandemic, lawyers seem skeptical of the effectiveness of this mediation technique. This skepticism persists, even after many polls of over a thousand full-time neutrals revealed that settlement rates remain as before largely the same as in-person cases. As evidenced by employing a mediator colleague of mine from the National Academy of Distinguished Neutrals (NADN.org) floating down the Danube during a high-stakes, eve of trial negotiation in a high profile case with results certain to be impactful, it is possible to achieve resolution by remote attendance. This method is pretty much the default in the state of Florida and around the country and is usually possible despite standing orders that may not specify so in the name of self-determination with agreement of the parties. People are now facile with off the shelf technology like Zoom and are quite used to interacting with others in this medium. Likewise, mediators using this space are in their third year of building rapport without actually being there, not counting prior experience with telephone negotiation, etc. (also used here among as many as 50 calls and was always an option before Covid). Don't underestimate the ability to get things done in short order without sitting down at the same table. But if you must, we still do that too! See more here-- https://tinyurl.com/tfj4bttt and https://tinyurl.com/ybp3zy5j
Tuesday, March 18, 2014
Arbitration Award for Queen of Versailles
Jacqueline Siegel, Orlando's Queen of Versailles, is free to pursue dreams of reality television after an arbitrator recently ruled against a filmmaker who claimed the Siegels signed away rights to their life story. The independent documentary film entitled "The Queen of Versailles" was a hit of the film festival circuit, including a Directing Award at the 2012 Sundance Film Festival. However, Siegel's victory comes with a bill for $750,000 in legal fees incurred by the filmmaker and her husband, in connection with a separate lawsuit. David Siegel's time-share company, Westgate Resorts, sued the couple for defamation and lost. An arbitrator in that case said he did not find any of the content in the movie to be false. The film was hailed as one of the best documentaries of the Great Recession and detailed the Siegels' quest to build the biggest home in America. Court documents claimed the couples' life-story rights were valued at $50 million. Reportedly, the victory might lead to a reality television show. David Siegel claims the couple is in negotiations with several networks. The filmmaker had argued the couple signed away rights to their life story as part of the filming release. The arbitrator apparently ruled differently, saying the life story releases were invalid and unenforceable. Attorneys for the filmmakers maintain their victory in the defamation suit was a triumph for First Amendment rights. See full story here-- http://bit.ly/PMdcbc
Monday, January 28, 2013
Siegel to Arbitrate over portrayal in 'Queen' documentary
The U.S. District Court in Orlando stayed David Siegel's defamation claim against filmmakers who created "The Queen of Versailles" movie, sending him to arbitration in California. The film documents the Siegel's quest to build the largest home in America while depicting troubles faced by his Westgate time-share business during the recession. Siegel argues the movie makes it appear the business has failed which he says hurt its reputation. Westgate's attorneys claimed proper permissions were not obtained. Apparently, the signature on the releases signed by the mogul's son as his agent binds Westgate to arbitration. The judge, ruling on the basis of a prior evidentiary hearing, rejected each Siegel's testimony as inconsistent, incredible and lacking weight. If it heads to arbitration, the case will likely be presented at the Independent Film and Television Alliance. See articles http://bit.ly/W7cFQ3 and http://thesent.nl/VsxOH0 and the ruling here-- http://bit.ly/VNf5SK
Subscribe to:
Posts (Atom)