It will indeed be a great day when emails, columns, texts, tweets, posts and introductions such as this Message from the Chair don’t contain the words “in these uncertain times” or some similar phrase.
In the meantime, the Alternative Dispute Section of The Florida Bar will continue to put together programs and CLE’s to help us navigate these uncertain times.
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We will continue to monitor proposed rule changes for ADR practitioners and we will continue to urge everyone to be kind and understanding to each other—and to themselves. The Florida Bar has a Wellness Center with a Helpline (833-FL1-WELL), an e-Video Counselor, and other resources for lawyers feeling the stress of these times. You matter. Please avail yourselves of these helpful tools, and please make others aware that they exist.
On a positive note, the ADR Section celebrates its members’ enthusiastic embrace of virtual technology, such as Zoom, to continue to conduct mediations and help the courts clear backlogs, even as the court system grapples with the difficulties and dilemmas presented by in-person proceedings.
Trying times present opportunities to learn new and better ways of doing things. Out of the darkness comes the light. The ready acceptance of virtual technology by both mediators and the lawyers who use them has been accelerated by the pandemic. Virtual mediations have proven to be both cost-effective and useful. Many ADR practitioners and lawyers will continue to engage in virtual mediations well after the pandemic is in the rearview mirror.
In closing, take care of yourselves, be extra kind to yourselves and to others, and look for opportunities to improve your practice, in these uncertain times.
Oscar A. Sanchez
OAS Mediation, Miami
2020-2021 ADR Section Chair
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Mediation Preparation for Attorneys: The ABCs To Your Client's Best Mediation |
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Jan. 20, 2021, 12-12:50 PM Live GoToWebinar
This 50-minute program covers tips and advice for attorneys preparing to represent their clients at mediation. Approved for 1.0 General CLE/CME credit. Presented by Jo Colbert Stanley, JD, LLM of Stanley Legal Services, LLC. Section members register for only $50. REGISTER NOW
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In addition to suggesting best practices in terms of the mechanics of getting ready for a mediation session, the presenter will discuss other factors attorneys should take into consideration including, but not limited to, intangible aspects such as managing clients’ expectations and energy, and the attorneys’ psyche. The final ten minutes of the webinar are reserved for questions. Course number 4165.
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Appeals, Arbitration, and Mediation of Healthcare Payment Disputes (Health Law Section CLE) |
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April 13, 2021, 12-1 PM Live Audio Webcast
A presentation of the administrative appeal process and other key considerations in litigating healthcare payment disputes between providers and payors, including Medicare and Medicaid. The presentation also will address the arbitration and mediation of health care payment disputes.
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Presented by Jonathan Rue and Stefan Grow. Course number 4344. Approved for 1 General; 1 Health Law CLE. Health Law Section members $35; non-section members $75.
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Free CLE From Florida Lawyers Assistance |
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The Florida Lawyers Assistance team offers free CLE modules that focus on legal practice, problems common to legal professionals, and effective methods for improving wellness and thriving despite challenging circumstances.
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Relevant to our times, FLA recently has developed a module entitled Practicing during a pandemic: Successfully managing clients, caseloads, colleagues and self. Florida Lawyers Assistance always offers education on issues that have historically been most devastating to legal communities: suicide, substance abuse, and depression and other mental health disorders.
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CLE Committee Fall Retreat
Ethics and Professionalism (Free CLE)
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The Uncovering of Generation Z and Past Generations. If you have independent Gen Z (Gen i) employees and you want to learn how to motivate them to work as a team; if you want to learn how to communicate better with the Gen Z generation; if you are Gen Z and want to understand other generations, this seminar is for you!
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A Time to Remember to Take a Moment! This seminar will remind you to take a moment, to be gracious, and to rejuvenate during this pandemic.
Course number 4212. Approved for 3.0 General; 1.5 Ethics and 1.5 Professionalism CLE credits.
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Six-Part Health & Wellness Series |
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Under the leadership of ADR Section Chair-Elect/Health & Wellness Committee Chair Patrick Russell, the section partnered with the University of Miami School of Law and Legal Services of Greater Miami, Inc. to present six wellness webinars during October. Topics range from “The Ethical Considerations When Using Alternative Dispute Resolution to Bridge the Justice Gap,” to “Balancing Wellness and the Ever-Present Demands of Technology.”
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The series, now available on-demand 24/7 in podcast and downloadable seminar formats, features prominent lecturers including University of Miami School of Law Professor Scott L. Rogers, director of UM’s Mindfulness in Law Program, and Paula Black, a nationally recognized lawyer coach and author of “A Lawyer’s Guide to Creating a Life Not Just a Living.”
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The Inaugural Arbitration Advocacy Institute |
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By Meah Tell and Shari Elessar |
The Inaugural Arbitration Advocacy Institute, sponsored by the ADR Section of the Florida Bar, JAMS and Upchurch Watson White & Max, and developed by Co-Chairs, Meah Tell and Deborah Mastin, was a blockbuster event. Participants developed arbitration advocacy skills and learned tips and techniques in order to better represent clients at arbitration.
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Twenty-three skilled arbitration professionals presented an exciting full-day webinar which began with John H. Rooney, Jr. discussing “Drafting Enforceable Arbitration Clauses.” This was followed by an informative discussion regarding how to handle arbitration proceedings administered by the American Arbitration Association (Dr. Rebecca Storrow), FINRA (Manly Ray), the American Health Lawyers Association (Geoff Drucker) and JAMS (Emily Cabrera). Glenn B. Waldman led a mock Initial Prehearing Scheduling Conference with Lida Rodriguez-Taseff representing the Claimant and Ken Waterway representing the Respondents.
In order to allow attendees to interact directly with mentors, the participants went into one of nine virtual clinics in diverse arbitration practice areas: Construction Arbitration (Deborah Mastin), Employment Arbitration (Karen Evans and Leslie Langbein), Health Care (David Lichter and Louise Zeuli), Technology (Joel Levine), Commercial Arbitration (A.J. Horowitz and Meah Tell), Securities Arbitration (David Weintraub), Florida Bar Arbitration (Gary Salzman), Court-Connected Arbitration (Christopher Shulman) and International Arbitration (Gilbert K. Squires and Carlos F. Osorio).
Coming back into the Webinar from the virtual clinics, there was a lunch and learn interactive discussion led by A. Michelle Jernigan and Lawrence Kolin, where presenters from the nine virtual clinics shared some of the teaching points from their virtual clinics with all of the conference attendees, and answered questions.
Retired Judge Gill Freeman and Patricia Thompson discussed Discovery in Arbitration. They helped participants differentiate discovery rules under administered proceedings, the Federal Arbitration Act, and as might be detailed in the parties’ agreement. They shared their perspectives on the limitations of discovery in arbitration proceedings.
Clarissa Rodriguez then led a panel discussion with Kristin Paz, Omar Ibrahem and Katherine Sanoja on “How Do you Know Your Arbitration is International?” and Christina Magee and Meah Tell offered technology and professionalism CLEs in their well-received, “Technology and Professionalism in Virtual Arbitrations: Challenges and Solutions.” Helpful handouts for counsel and their clients and a model virtual arbitration hearing order were included in the conference Handouts by Christina and Meah.
As a marvelous finale to a fantastic day, the participants were able to watch the role-play, presentation, “Hot Tubbing Expert Witnesses” (Concurrent Testimony). The presentation included Deborah Mastin as the Construction Arbitrator, with Melinda Gentile and Ben Patrick acting as counsel, and Michael D’Onofrio and Amanda Jo Amadon acting as the expert witnesses. Hot tubbing has grown as an effective way to present expert testimony, and the role-play showed exactly how this streamlined method can be utilized in an arbitration proceeding.
Special thanks go to the dedicated committee of the ADR Section of the Florida Bar, Lisa Tipton for marketing the Institute, and to Stefanie Svisco, Section Administrator, and Sheridan Hughes, Florida Bar Staff, for handling the technical logistics.
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New Amendment on Mediator Certification and Renewal |
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On December 16, 2020, the Florida Supreme Court issued AOSC20-24 Amendment 1 regarding mediator certification and renewal. Please note this is an amendment to the original AOSC20-24 issued April 7, 2020. Some provisions of the order expire on December 31, 2020, and some provisions have been extended until December 31, 2021.
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The AO should be read carefully as all dates listed are correct.
Provisions that have been extended through December 31, 2021, and other highlights include:
- Allowing certified mediation training programs, approved arbitration, and approved parenting coordination training programs to be conducted online through December 31, 2021;
- Allowing certified mediators to complete their CME requirements in any format including non-live programs through December 31, 2021;
- Suspending the Rules for Certified and Court-Appointed Mediators by eliminating the required points for mentorship activities through December 31, 2021. Note: except for county mediator certification, some mentorship activities may still be needed for applicants to reach the required points for certification;
- Providing for the electronic signatures of mentors in the mediator certification application through December 31, 2021; and
- Granting deadline extensions for approved mediation trainers through December 31, 2021.
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The latest edition of The Neutral is now online. Find out more about the DRC’s first virtual conference that was held in August. As in previous years, many of the recorded video sessions are available for download from Convention Recordings.
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Save the Date! Mentoring Academy for Certified Mediators |
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Back by popular demand, the Mentoring Academy for Certified Mediators is tentatively (pending COVID assessment) scheduled for Nov. 5-6, 2021. The alternate date is March 2022. Stay tuned for updates from Academy Co-Chairs Chris Magee and John Salmon. |
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Each of these CLE/CME courses is available 24/7 as an on-demand seminar or podcast.
Ethics
Wellness
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Looking for more great free CLE? Click here for free Continuing Mediator Education (CME) opportunities compiled by The Florida Dispute Resolution Center.
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The Florida Bar has launched a new Florida Lawyers Helpline that is available 24/7 at 1-833-FL1-WELL (351-9355). The helpline is a free, confidential service to connect Florida Bar members with professional counselors who can provide strategies for dealing with challenges and professional pressures. The counselors are coordinated independently through CorpCare as a Florida Bar Member Benefit.
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Benefits of ADR Section Membership |
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The section always is actively recruiting members, so please send this information to any of your colleagues who might be interested.
- The section hosts live GoToWebinars, generally monthly, so that you can consistently get quality CLE credit on ADR-related topics, technology and ethics, and section members receive discounted registration.
- Most of our CLEs are also approved as CMEs, so you can earn dual credit.
- We encourage section members to submit ideas for CLE/CME seminars and to serve as presenters.
- Section membership enables you to stay informed of changes in the rules and procedures for ADR, with an opportunity to respond to requests for comments.
- We offer the opportunity to submit articles for publication in our biannual publication, The Common Ground.
- The section hosts a variety of networking events throughout the year, such as networking socials at conferences like The Florida Bar Annual Convention, The Florida Bar Winter Meeting, and the annual Dispute Resolution Conference.
- We host a Mentoring Academy for Certified Mediators and an Arbitration Advocacy Institute (alternating years), where attendees can practice new mediation/arbitration techniques and receive feedback to improve their skills.
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Click below to watch the ADR Section membership video. |
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If you know someone who might be interested in joining the ADR Section, please share our membership web page—flabaradr.com/membership—and let prospective members know that they recoup the annual membership fee by attending just one CLE at the member-discount price! At $45, ADR Section membership is an excellent return on investment.
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You received this email because you are a member of the Alternative Dispute Resolution Section of The Florida Bar or you have expressed interest in our section. |
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