ADR Section News & Tips February 2019
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Greetings from the Chair!
First and foremost, we have decided to postpone the Mentoring Academy from March 2019 to Fall 2019. We encountered some delays on the venue and rather than put this together in a hurried fashion for its inaugural launch, we decided to postpone the event so that everything we expect to accomplish with the Academy can be in place. We will be advertising this in the very near future and I appreciate everyone’s patience and enthusiasm. I, too, cannot wait to see what the Mentoring Committee produces for this event.
FLADR at the DRC?!? Yes – the ADR Section will be offering at least one course for the DRC’s August 15-17 Orlando Conference “ADR: Options and Opportunities.” If accepted, we hope that many Section members will find time to attend and come out to support the ADR Section’s efforts with the DRC. Our Section’s goal is to foster good relations with DRC as one of the “centers of gravity” for dispute resolution in this state. The opinions of attorney-mediators are an essential part of decision-making for dispute resolution and one of our Section’s mission’s is to enable those voices to be heard. As part of that endeavor, you will soon receive an e-blast from the Section requesting your input on the Ethics Rules for certified and court-appointed mediators.
We have a stunning array of CLE opportunities, and I want to thank the CLE Chair, Kim Torres, for all her hard work to bring these ideas to life and into full-blown presentations. Kim is also the Section’s Chair-Elect, so you will be hearing more from her on a regular basis in 2020. As always, if you are looking for a particular type of credit for continuing education requirements and cannot find it, or it you have an idea for a presentation, please reach out to Kim.
The Section is getting a new website! It will have an updated design, easy-to-navigate options and (we think) will present more of our current content so that members and visitors have easy access.
Please know that if you have an issue or concern relating to ADR, the Section can be a great resource and sounding board. Remember, we want to publicize your awards and successes and re-tweet what you think is important to the Section. Send us your content to review.
Meanwhile, enjoy the lengthening daylight hours as Spring approaches.
Christina Magee, Chair
Brevard Mediation Services, Satellite Beach
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Join the ADR Section Membership Committee
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During its last meeting, the ADR Section Executive Council established a committee on membership. This group will be brainstorming on ways to attract new members to the section and focusing on retaining the members we have. Interested in joining the committee? Email Chair Christy Foley at
CFoley@EMediationServices.com.
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The ADR Section has hosted some excellent CLE courses in recent months. If you were not able to listen to the live audio webcasts, the presentations are available 24/7 through The Florida Bar in podcast and online on-demand formats.
This link takes you to the regisration information for three recent courses:
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Inside the Mediator's Mind. Credits: 3 CLE. Through a hands-on mediation exercise, participants interact with three different mediators resolving a fictionalized retaliatory discharge case arising out of the #MeToo movement.
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Practice Tips to Streamlline Your Arbitration
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March 7 webinar by
Deb Maston and
Bill Christopher. Clients choose arbitration for resolution of their disputes because it is faster and less expensive. It is their lawyers’ responsibility to make that happen. Learn tips on how to collaborate with opposing counsel to avoid expensive motion practice and excessive discovery; how to handle experts for reports, depositions and testimony; what the arbitrator wants for post-hearing memoranda vs. closing arguments; and more.
Registration details coming soon.
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Up Your Game – Tips on Lawyer Professionalism
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Christina Magee
, Chair of the ADR Section, and
Kim Torres
, Chair-Elect, will be moderating a half-day seminar on professionalism sponsored by the Brevard County Bar Association. A distinguished panel of local judges and attorneys and a representative from The Florida Bar will provide an enlightening discussion on boorish behavior and common complaints leveled against lawyers and judges.
The event is March 21 at the Space Coast Convention Center in Cocoa. Lunch at noon; program from 12:45 to 5 p.m. CLE credit pending Florida Bar approval: 4.5 hours General CLE, 4.5 hours Ethics CLE, 4.5 hours Professionalism CLE, 4.5 hours General CME, 4.5 hours Ethics CME. (Possible CJEs). Free for BCBA members; $30 for non-BCBA members (includes lunch). Details and registration at
this link
.
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Attorney and mediator
Christy L. Foley
, owner of
E-Mediation Services
and chair
of Florida's Mediator Ethics Advisory Committee, will present
“MEAC: Year in Review" on Monday, April 1 from 12:30 p.m. to 4:30 p.m.
The seminar is hosted by the 7th Circuit's County Court Mediation Services and will be held at the Volusia County Health Department, 1845 Holsonback Drive, Daytona Beach. Live presentation only; no charge to attend. CMEs: 4 hours (no CLEs available). Email
vcmediation4@msn.com to register.
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Florida Bar Launches Newly Enhanced Lawyer Referral Service
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The Florida Bar Lawyer Referral Service is a non-profit, state bar certified service that has been in existence since 1972. The Lawyer Referral Service is one of the oldest, largest and most respected legal referral services in Florida.
Why participate? It is the responsibility of the Bar, and the professional responsibility of every lawyer, to make legal services available to all persons. Learn more about the process at
this link.
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YLD Launches #StigmaFreeYLD Campaign
Launched in February, the campaign is designed to extinguish the prejudices that discourage people, especially competitive professionals, from admitting problems or seeking help. The YLD website describes it this way: “#StigmafreeYLD aims to end ALL the stigmas that lawyers face when it comes to addressing mental health issues—and we want ALL of you to know that seeking help does NOT make you less of a lawyer, Quite the contrary: It makes you a better, stronger lawyer.”
Interviews with attorneys who have sought counseling and treatment for mental health and substance abuse issues are the cornerstone of the campaign and are posted on the
health and wellness page
of the
YLD website
. Other testimonials will be posted on the first days of March, April and May.
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Free Podcasts By LegalFuel
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If you spend a lot of time driving, break up the monotony by learning something new. The Florida Bar's LegalFuel practice resource center offers a variety of free podcasts that you can access on your phone, tablet or computer. Some recent topics include:
Visit the LegalFuel
podcast page for more great podcast topics.
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Special thanks to ADR Section member
Christy Foley, MEAC chair,
for providing the opinion summaries.
NEW
2018-003
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Mediator’s Relationship to a Party. Addresses whether a mediator can mediate a case in which his future son-in-law’s brother is a lawyer representing one of the parties. In this specific case, the mediator had met the future son-in-law’s brother on a few occasions at his future son-in-law’s home, but that was the extent of his social relationship with the brother. The mediator disclosed the potential conflict of interest (in writing) to all parties and none of the parties objected to the mediator taking the case. MEAC stated that mediators in such a situation must disclose the potential conflict of interest to the parties (as this mediator did) and must continually analyze whether there’s an appearance of impartiality throughout the mediation.
2018-002
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Mediator adds own research to discussion.
Addresses whether, during the course of a mediation, a mediator should mention an appellate decision he found in his own research that would significantly help the case of one party
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but that would also significantly hinder the case of another party. In essence, MEAC stated that the mediator may not mention the appellate decision he researched (if the parties don't mention it themselves) because presenting evidence that would clearly favor one party would breach the mediator’s requirement to remain impartial. Additionally, MEAC stated that the parties' self-determination would be violated since neither party mentioned that appellate decision or raised that decision as an issue.
2018-001
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Mediator includes disclosure statement about mediator’s role in final agreement.
Addresses whether a mediator can include a statement in the parties' final agreement that says: the mediator stayed neutral during the mediation, did not give anyone legal advice during the mediation, did not make decisions for the parties, and only acted as a scrivener when drafting the agreement (not as an attorney/legal advocate). In essence, MEAC stated that including such language in the final agreement could make the parties feel coerced into signing off on those terms if they want a written agreement to settle their dispute. MEAC also stated that such language adds substantive issues to the written agreement that the parties didn't raise themselves
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and those terms only benefit the mediator, which violates the parties' right to self-determination. Therefore, such a statement shouldn’t be included in the parties’ final agreement.
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Get Involved With the Section: Join a Committee
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The ADR Section has numerous active commmittees that welcome your involvement. Please contact the chairs/co-chairs listed below if you want to learn more.
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Call For Authors and Speakers
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The ADR Section is seeking volunteers to contribute to our CLE events and publications. We welcome new perspectives! If you have a recent blog post or speech that you can submit as an article for an upcoming issue of the ADR biannual magazine (newly renamed "Common Ground") please contact
Michelle Jernigan or
Natalie Paskiewicz. If you have a CLE topic idea you'd like to present, please contact
Kim Torres or
Kathy McLeroy or download and complete this
short survey and email it to Chair-Elect
Kim Torres.
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The ADR Section monthly newsletter will publish updates about your firm, recent speaking engagements, awards, announcements and more. Please email your news to ADR Section Communications Consultant Lisa Tipton at
lisa@prflorida.com
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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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