Florida Courts Remain Closed

This week, the Chief Justice of the Supreme Court of Florida acted on the recommendations of a statewide Court Continuity Workgroup, issuing an amended administrative emergency order increasing the list of proceedings state courts will accomplish by remote technology during the Coronavirus pandemic. As such, jury trials in Florida are suspended until July 2nd and other deadlines are pushed back until following the July 4th holiday weekend. The court recognized that in-person jury trials pose a special hazard because they can expose jurors and other courtroom participants to a risk of infection. Future extensions will be considered, if needed. Of interest to followers of this blog, the order especially focuses on increasing the resolution of cases by shifting as many of them as possible into a virtual environment with remote technology, and specifically "Alternative Dispute Resolution proceedings." Case types listed in the order will be held by telephone or other electronic means. Of course, online ADR or ODR has been in full effect since this all started using various existing commercial platforms like WebEx, Zoom and GotoMeeting. Additionally, the Continuity Workgroup that I blogged about last month was asked to submit recommendations as they are developed to guide a phased return to full court operations. The expanded list of essential proceedings adds to earlier efforts to mitigate the impact of Coronavirus while letting courts operate in a way consistent with public safety. Florida’s courts have followed emergency guidelines since a March 13th order, when jury trials were first suspended and actions restricting in-person proceedings were implemented to enforce social distancing. Subsequent orders extended these limits through the end of May, subject to future orders made necessary by the pandemic. Chaired by Orlando Circuit Judge Lisa Munyon, the Court Continuity Workgroup’s mission includes examining the current status of all court proceedings statewide and proposing methods for resolving cases with remote technology and other new procedures that may remain when all this is over. According to the court, the move toward more virtual proceedings is a major historical shift in state court operations, which have relied heavily on in-person hearings in the 175 years Florida has been a state. See more in the latest Administrative Order here-- https://tinyurl.com/yb7jypo9

Small Claims ODR Pilot Begins

The Ninth Judicial Circuit Court of Florida begins its free Small Claims Online Dispute Resolution (ODR) program this month in Orange County. If both parties provide an email address on file with the court in a case that qualifies for ODR, the court will notify them of the availability to use ODR to resolve the case. The email will also provide instructions on how to register with the Online Dispute Resolution Center located at the custom domain found here-- https://flcourts09sc.modria.com. There, the plaintiff will answer some questions about the case. The court will then send the defendant an email. The defendant should review the information and provide a response. If a solution can't be found with the other person, either can ask for help from a real mediator (Surprise, AI not quite the end-all be-all yet!). A mediator is a certified specialist trained to help litigants in County Court reach a resolution. There is no longer a need to appear for a Pretrial Conference Mediation date if the parties reach a signed agreement using the Online Resolution Center. Timeliness matters in this process which must be completed at least 10 calendar days before the Pretrial Conference Mediation date. If parties do not complete the process by the deadline, they will need to appear for the assigned Pretrial Conference Mediation date. This process comes about via the court being an existing licensee of software like Odyssey from Tyler Technologies. Specifically, they are allowing the use and integration of Modria, which has a demonstrated record of resolving small dollar consumer cases in online commerce. I spoke to representatives of the public company last year and they plan to expand in other jurisdictions. See more here-- ow.ly/yJ5w50zu80h and https://tinyurl.com/yafdrm63

COVID-19 Court Continuity

The Supreme Court of Florida just released an Administrative Order creating a Florida Court Continuity Workgroup, consisting of a seventeen member task force meant to find ways for the courts to operate as fully as possible during each stage of the Coronavirus pandemic. Chief Justice Charles Canady selected our very own Ninth Circuit Judge Lisa Munyon to chair this workgroup. I worked alongside her as a General Civil Magistrate, hearing matters in Orange County's Circuit-Civil Division Business Court cases. She is a very effective judge and also leads the statewide Florida Courts Technology Commission that explores traditional and innovative methods of utilizing compatible technology infrastructures to improve case management and efficiencies in the judicial branch. As chair of the new workgroup, she will guide esteemed law professionals from across the state in their mission to examine the current status of court proceedings, propose methods and rule changes, find solutions for legal issues, and in recommending the priority of proceedings to resume. Specific to Alternative Dispute Resolution (ADR), the members will identify and propose solutions for implementation challenges and cost issues associated with the use of remote technology. The workgroup will also consult with other stakeholders and public health experts to determine the best way to implement a plan for a staged return to full court operations. See full order AOSC20-208 here-- https://bit.ly/2Vs0jaM

New Florida Supreme Court ADR Order

The Supreme Court of Florida in monitoring and taking measures to address the effects on court operations of the Coronavirus Disease 2019 (COVID-19) pandemic has issued a new order affecting mediators and arbitrators. As the Supreme Court of Florida is the authority to establish standards and procedures for qualifications, certification, conduct, and training for mediators and arbitrators who are appointed pursuant to Florida Statutes, the court has issued an order during this crisis including: -Granting deadline extensions and abating late fee assessments for mediator certification and mediator renewal. -Allowing certified mediation training programs, approved arbitration and approved parenting coordination training programs to be conducted online. -Allowing certified mediators to complete all of their CME requirements in any format including non-live programs. -Granting deadline extensions for approved mediation trainers and certified mediation training program provider renewal applications. -Providing for remote training means instead of physical attendance through the end of the year for mediators and arbitrators. In addition, the Dispute Resolution Center will accept mediator certification applications and mediator renewal materials electronically. Instructions for electronic submission will be sent to individual mediators at the time of renewal notification. Materials can be faxed to 850-922-9290 or emailed to DRCmail@flcourts.org. See full order here-- https://bit.ly/2Xzi09Z

Online Dispute Resolution - Here to Stay?

With the Coronavirus crisis severely curtailing the practice of law in courthouses across the country, many are turning to settling cases using readily available technology. Mediations have been conducted by Zoom, GoToMeeting and Skype, as well as telephone and text. There is no barrier to attending using off-the-shelf equipment and simple apps available for download. Though we have utilized these methods before the COVID-19 pandemic, it was usually due to the unavailability of a party in person and to enable remote attendance at a mediation conference. Because trial dockets across the country are now in disarray, mediation of pending cases provides the soonest means of self-determining an outcome to cases. Online Dispute Resolution or ODR solutions can be accessed from the comfort of your couch-- talk about social distancing! As with traditional mediation, online mediation allows the mediator to adapt the process to address the particular needs of parties. Caucuses are still possible, ensuring confidentiality and candor in negotiation. As these participants can attend from their businesses or homes, there are reduced costs and less time expended overall in convening the process. Access problems are no longer an issue with the use of cell phone applications widely available for devices of all stripes with the most popular communication platforms in the marketplace. Some will say there are disadvantages to not being in person, such as the ability to read the room or to poke your head into a caucus for a "Would you, could you?" Of course, there is a 3,000 year tradition of face-to-face mediation, but that doesn't mean ODR cannot be effectively employed in many types of cases. Whether a settlement is reached or not, much is still learned by parties and counsel through the exercise. We shall see what the future of this uncertain time holds and it will eventually pass, but it is likely ODR will be adopted by many a dispute resolver and their clients. Stay healthy out there!

Order Curtails Courts in Florida, So Mediate!

The Chief Justice of the Supreme Court of Florida today ordered most in person legal proceedings in the state courts be suspended for a minimum of two weeks due to the COVID-19 virus. The order takes effect Monday. Local judges will use remote electronic means of conducting legal proceedings whenever possible. The order will be extended or modified as needed in the future and is subject to existing constitutional requirements. Under Florida's Constitution, the Chief Justice is the chief administrative officer of the state court system and can issue orders with statewide effect. This is the first time a limit on face-to-face proceedings has been ordered since Florida’s state courts system was unified by a constitutional amendment approved by voters in 1972. The court found these measures are needed because a public health emergency exists, requiring social distancing to reduce transmission of the Coronavirus which is now a pandemic. The order is designed to slow the spread of infectious disease by eliminating gatherings of the public such as jury duty and trials. However, mediation remains available to litigants in the absence of court proceedings and can be conducted by remote attendance or online dispute resolution (ODR), which my firm offers. We expect the business of dispute resolution will go on with the help of technology, allowing attendees the opportunity to participate without spreading infection. See more on our ODR options here-- https://tinyurl.com/twd4nl4 and the court's full order here-- https://tinyurl.com/wrt7hug

ADR Rules & Policy Vacancies

The Supreme Court of Florida's Committee on Alternative Dispute Resolution (ADR) Rules and Policy needs members. This is a powerful committee that recommends changes to existing rules and implements new ones via proposals submitted for oral argument following public comment. The Florida Dispute Resolution Center (DRC) is currently accepting applications for eight member appointments to the Committee on ADR Rules and Policy. Appointments are made by the Chief Justice of the Supreme Court of Florida based upon competence, specialized knowledge, experience in ADR processes, and a commitment to the time necessary to be an active contributor to the committee’s work. The committee consists of 17 volunteer members and may include mediation trainers, Florida Supreme Court certified mediators, arbitrators, trial court administrators, parenting coordinators, attorneys, and judges. Generally, members are appointed for staggered three-year terms. However, these terms will begin July 1, 2020, and end November 30, 2023. No member shall serve more than nine years. According to the official announcement, the committee provides the Florida Supreme Court with recommendations relating to ADR legislation, and all aspects of ADR policy and rules including, but not limited to, model ADR practices, mediator certification and renewal requirements, continuing education requirements, and mediation training program requirements. Letters of interest and current résumés may be submitted on or before April 10, 2020, to: Florida Dispute Resolution Center, Supreme Court Building, 500 S. Duval Street Tallahassee, Florida 32399 or fax (850) 922-9290 or DRCmail@flcourts.org See link here-- https://www.flcourts.org/Resources-Services/Alternative-Dispute-Resolution