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

Oral Argument On FL Remote Proceedings Rules

Today, the Supreme Court of Florida heard from various commenters, interest groups and bar sections on the changes proposed to multiple procedural rules to include attendance by remote technology, including mediation. The Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 filed a comprehensive petition to amend the Florida Rules of Civil Procedure, the Florida Rules of General Practice and Judicial Administration, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the Florida Rules of Traffic Court, the Florida Small Claims Rules, and the Florida Rules of Appellate Procedure. The proposed amendments would provide permanent, broader authorization for the remote conduct of court proceedings. The justices seemed largely receptive to the package and had few questions for those appearing at oral argument, indicating the new rules package will most likely be accepted as proposed. See more in docket here-- https://bit.ly/3st7kYa and oral argument here-- https://wfsu.org/gavel2gavel/

Call for 30th DRC Conference Proposals

The Florida Dispute Resolution Center (DRC) 30th Annual Conference will be held at the Rosen Centre Hotel in Orlando on August 11-13, 2022. DRC is asking for submissions for workshop proposals and to become part of the conference faculty. Alternative Dispute Resolution (ADR) professionals play a major part in enhancing access to justice by offering parties an opportunity to minimize the time and money they spend interacting with the court system and by modernizing the facilitation process by using technology. Mediators also promote public trust and confidence in the court system by maintaining education on high standards of professionalism and ethical behavior when assisting parties in settling their disputes. This conference, now in its third decade, provides an annual forum for enhancing your skills and knowledge regarding ADR, especially as our world continues to demonstrate a need for professionals who can promote civil discourse when presenting options to resolve disputes. Consider training your fellow mediators by sharing the latest in your experience. I have presented here in the past and encourage you to do the same. If your workshop submission is selected, you will be asked to present twice during the conference. The deadline for submission is February 25th and workshop selections will be confirmed in early April 2022. You will receive a full conference registration waiver, and if applicable, a second presenter will receive $50 off registration fees. You will receive a confirmation email after you submit the form. If you do not receive a confirmation email, the form was not successfully submitted. The DRC recommends gathering all information required prior to beginning to filling out the form located at here-- https://bit.ly/3ufyqob

Fla. S. Ct. Extends Previous Covid Mediator Measures

The Supreme Court of Florida issued an Administrative Order (AO) relating to several Alternative Dispute Resolution (ADR) items that continue addressing operational issues from the pandemic and allowing for things like mediation training by remote electronic means. The order extends a limited number of provisions that were first authorized in April 2020 and December 2020 due to the impact of COVID-19 on the judicial system. Highlights of the order include suspending the Rules for Certified and Court-Appointed Mediators by eliminating the required points for mentorship activities through June 30, 2022. According to the Dispute Resolution Center which just advised of this new order, there are few important items to note in the AO: mentoring activities may still be needed for applicants to reach the required points for mediator certification (except for county); extending the ability of parenting coordination training to be conducted online through December 31, 2022; and waiving certain disciplinary requirements for certified mediators and qualified parenting coordinators. See more in AOSC20-24 Amendment 2 here-- https://bit.ly/3qgLaar

Mediator Rules Comments Due 1/1

The Committee on Alternative Dispute Resolution Rules and Policy has undertaken the revision of Part I, Mediator Qualifications, and Part II, Standards of Professional Conduct, of the Rules for Certified and Court-Appointed Mediators. Committee members are seeking feedback on the revisions at the link below on Amendments to Rules for Certified and Court-Appointed Mediators. Most involve the certification criteria, but other proposed changes include enhancements to impartiality, conflicts and social networking. Confidentiality of the caucus is also addressed in that with the express consent of the parties and counsel, a mediator may establish as a ground rule for the mediation that information disclosed during caucus may be disclosed to the other mediation participants unless a party expressly tells the mediator to keep the information confidential. Additionally, regarding reporting mediation outcomes to courts, mediators must not include comments reflecting a mediator's opinions regarding whether a party or counsel mediated in "good faith" as sometimes seen in referral orders. Send any comments to the Dispute Resolution Center by email to DRCmail@flcourts.org, on or before January 1, 2022. See more here-- https://bit.ly/3EPGfD5

Mediation Week 2021

October 17-23 is officially Mediation Week in Florida and elsewhere, marking the importance of dispute resolution as an effective substitute to litigation and the fact that mediation has continued virtually during the pandemic, allowing parties to resolve disputes without resorting to litigation in a system of very backed-up court dockets. Alternative Dispute Resolution (ADR) has been used by Florida courts for more than 30 years. I have been mediating lawsuits for over 20 years now and this past year and a half was the most seismic shift in our profession and the legal profession in general. Online Dispute Resolution (ODR) will now continue as an option following the pandemic through confidential sessions conducted remotely with widely available commerical off-the-shelf technology. More than 5,500 mediators are currently certified by the Florida Dispute Resolution Center. These professionals meet specific standards set by the Florida Supreme Court in the areas of county, family, circuit, dependency, and appellate mediation. In most cases, discerning counsel and their client parties select the mediator. However, a mediator may be appointed by the court when litigants are unable to select their own. Mediation week brings annual focus on ADR work and highlights how individuals, administrative agencies, and businesses can use mediation to develop efficient and customized solutions to conflicts. See more here-- https://bit.ly/3AU5XUt

Certified Mediator Procedures Change

A new operating procedures policy was issued today by the Florida Dispute Resolution Center (DRC). Pursuant to rule 10.140, Rules for Certified and Court-Appointed Mediators, Operating Procedures and Authority, the Committee on Alternative Dispute Resolution Rules and Policy, new procedures are effective November 1, 2021, and supersede any conflicting provisions. Numerous revisions to the certification and renewal processes include:

The 50% continuing mediator education (CME) live format requirement has been rescinded. - Mediators will only be required to complete 16 hours of CME regardless of how many certifications are held. - Mediators may begin earning CME hours for next cycle upon submission their renewal for previous cycle. - Inactive status allows a mediator’s certification to remain inactive for up to five years. - Lapsed certifications are eligible to renew their certifications up to a maximum of five years.

See more here-- https://bit.ly/3FTcRgq