ADR Section News & Tips March 2019
Message From the Chair
Springing forward for 2019!  Have you seen our new and improved website ? We are increasing ease of use and overall visibility. Send us your feedback on the new site and what changes you would suggest.  

I would like to use this edition to acknowledge some of the work that is taking place on the ADR Section Executive Council. Much of this w ork is necessary but decidedly unglamorous and occurs “behind the scenes” to a great extent. Nevertheless, without the efforts of these EC members, the ADR Section would be unable to accomplish all that it does.

Ethics Rules Survey:  Jeff Fleming and Michelle Jernigan are spearheading this effort to collect feedback from the section members about ethics rules based on members’ experiences. This information will be distilled and provided to the ADR Rules & Policy Committee for its consideration as the rules review process gets underway. Be sure to look for the e-blasts that have been sent out and reply by April 1 if you intend to send in any comments.

Membership:  Christy Foley is overseeing our efforts to increase membership in the section. She will be reaching out to the members of The Florida Bar who are certified mediators but not yet members of the ADR Section. Obviously, information from non-members about why that choice is preferable to them is also important to us. Christy will also be assessing what we can do to enhance the value of our section membership. 

Common Ground : Michelle Jernigan and Natalie Paszkiewicz are the co-editors of our newest publication, which is getting rave reviews from our section members and others.  Michelle and Natalie are always on the lookout for interesting topics to explore, and enjoy getting articles from our members. If you want to enhance your individual brand, consider sending a piece into Common Ground for publication assessment.  

Health & Wellness:  Patrick Russell has seized the moment with this committee, taking it from an absolute standstill to highly functioning in less than a year. Zero to hero — way to go Patrick.  

Next month, I will outline the work of more of the committees and what they are accomplishing for all of us. Until then, happy springtime!

Christina Magee, Section Chair
Brevard Mediation Services, Satellite Beach
Respond by April 1: ADR Section Member Input Needed on Possible Revisions to Florida Rules for Certified and Court-Appointed Mediators
The ADR Rules & Policy Committee of the Florida Supreme Court is seeking our section's input as to revisions that may be required to the Florida Rules for Certified and Court-Appointed Mediators. Accordingly, we are asking that you follow  this link to provide us with feedback. The deadline is April 1.

You may access a current version of the Rules using  this link.
 
Please note that we are not asking you to propose specific revisions. Rather, we want to learn of any circumstances and situations in your mediation or law practice that may give rise to the need to reexamine one or more of the rules. For example, you may have observations relating to the following subject matters: 
 
  • Advertising & Solicitation
  • Advice, Opinions, or Information
  • Business Practices
  • Confidentiality
  • Conflicts of Interest
  • Procedures or other considerations.
 
Your prompt response is appreciated as ADR R&P is waiting to hear from us. 
NEW: Search Florida MEAC Opinions in Fastcase
Fastcase now is a great, free way for ADR practitioners to access MEAC opinions.

On the Fastcase home page, go to “Search Ethics Opinions” and then “Florida MEAC Opinions.” From there, you can search for MEAC opinions by topics and keywords with quotations, and/or options, etc.

Detailed, time-efficient searches in Fastcase are helpful because the DRC website only allows you to search MEAC opinions by year and six subject matters. With Fastcase, ADR practitioners now have unlimited keywords with which to search MEAC opinions.

Fastcase is a free Florida Bar member benefit; access it from your MyFloridaBar Members Portal .
ADR Section Committee Preference Forms Due April 19
 Committee service is a great opportunity to increase your professional profile, gain referral sources and showcase your expertise. Download the preference form at this link .
 
The section has added several new committees to the list of options on the committee preference form . All committees are designed to address important areas of ADR practice that we want to highlight for our section members, and give you a chance to enhance your leadership skills. 

Appointments are for the Bar term July 1, 2019, to June 30, 2020. Committee service is voluntary and travel expenses are not reimbursed. Submit your preference form by April 19 to ADR Section Administrator Stefanie Svisco at SSvisco@floridabar.org .

Please contact the chairs/co-chairs listed below if you want to learn more.

CLE/CME Opportunities
Online Dispute Resolution: What Attorneys Need to Know and the Potential Ethical Issues
Presented by Christy L. Foley, Esq.,  Lawrence H. Kolin, Esq. and Natalie L. Paskiewicz,Esq.

May 1, 12 – 1 p.m. Live Audio Webcast
Registration details coming soon.

Curious about online dispute resolution, how it will change your practice and how you can ethically include it in your work? Register for this great ODR CLE to learn about the technological skills you’ll need to ethically engage in ODR. The presentation will examine the different online dispute resolution processes that are available, the benefits of such processes, the technology used to implement those processes, and the ethical issues presented when engaging in virtual mediations. 1.0 Ethics, Technology and General CLE; 1.0 General CME. Credit approval pending.
Please join us during The Florida Bar Annual Convention at the Boca Raton Resort and Club for two live CLE/CME events. Sign up for these seminars through annual convention registration , which will be live on April 15.
Drafting Commercial Arbitration Clauses: Beware the Law of Unintended Consequences
Adele Stone, Esq., Moderator
Jesse Diner, Esq., Michael H. Lax , Esq. and A.J. Horowitz, Esq., Panelists

Wednesday, June 26, 2:30 – 4:30 p.m.
Registration details coming soon.

Panelists will discuss the advantages and disadvantages of arbitration, compare and contrast the Federal Arbitration Act and Florida Arbitration Code and considerations when drafting arbitration provisions, explain how the scope of an arbitration provision affects arbitrability of disputes, explore the potential for being compelled to separate arbitrations relating to multiple arbitration agreements, and will address equitable/emergency relief in arbitration, delegation clauses, governing law, choice of venue and procedural rules for arbitration, contracts that are appropriate for arbitration provisions, and the impact on class actions. 2.0 General CLE. Credit approval pending.
Mediation And Arbitration Issues In Employment Matters: Thinking Outside The Box
A joint program sponsored by The Florida Bar Alternative Dispute Resolution and Labor and Employment Law Sections
Facilitator, Lori Adelson , Esq. Adelson Law & Mediation / HR Law PRO

Friday, June 28, 2019, 9:30 a.m. – 11:30 a.m.
Registration limited to 50. Details coming soon.
This program will be a roundtable discussion format with a moderator at each of five tables. Our esteemed m oderators are The Honorable Dave Lee Brannon , United States District Court Judge; Marlene Quintana , Esq., B.C.S, Gray Robinson; Karen Evans , Esq., Litigation Resolution, Inc.; Kimberly Gilmour , Esq. Gilmour Law; and Robyn Hankins ,Esq., Law Office of Robyn S. Hankins .

Discussion topics:
  1. Not just because you have to … Why mediation during litigation?
  2. Mediation before litigation: Does it work or is it just a tactic for free discovery?
  3. Viewpoints on arbitration post-SCOTUS decision affirming the enforceability of arbitration clauses.

2.0 General CLE. Credit approval pending.
MAKE LIFE EASIER By Maximizing the Benefits of Technology That You Already Use
MAKE TECHNOLOGY WORK FOR YOU is the ADR Section's new, monthly webinar series with tips on commonly-used software programs. Both CLE and CME credits are available. Each webinar will be from 12 - 1 p.m. Registration details coming soon .

You don’t need specialized software if you already utilize Word, Excel, Quick Books and Adobe PDF in your daily practice. Take it to the next level by learning tricks that are specifically designed for law office management and the practice of mediation. Learn simple ideas on setting up data files and organizing client data to provide you with the information you need — fast, accurate and easy.

  • May 1—Online Dispute Resolution: What Attorneys Need to Know and the Potential Ethical Issues. 1.0 Ethics, Technology and General CLE; 1.0 General CME. Credit approval pending. Presented by Christy L. Foley, Esq., Lawrence H. Kolin, Esq., and Natalie L. Paskiewicz,Esq.

  • May 21—Microsoft Word. 1.0 Technology and General CLE; 1.0 CME. Credit approval pending. Presented by Sarah E. Kay, Esq.

  • June 18—Excel. 1.0 Technology and General CLE; 1.0 CME. Credit approval pending.  Presented by Sarah E. Kay and CPA Trina W. Downey.

  • July 23—QuickBooks. 1.0 Technology and General CLE; 1.0 CME. Credit approval pending. Presented by Trina W. Downey.

  • August 20—Adobe PDF. 1.0 Technology and General CLE; 1.0 CME. Credit approval pending. Presented by Sarah E. Kay.
MEAC: Year in Review
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.
Apply by April 8 for an Alternative Dispute Resolution Rules and Policy Committee Vacancy.
The  Florida Courts   Dispute Resolution Center is accepting applications for five member appointments to the Committee on ADR Rules and Policy. Two of the appointments have three-year terms, one has a two-year term and two have one-year terms. All terms start on July 1, 2019.

At least three member appointments must be non-lawyer mediators who have been Florida Supreme Court certified for more than five years. All lawyer applicants must be members in good standing of  The Florida Bar and have practiced law for a minimum of five years and conducted or attended 15 mediations.

The Committee on ADR Rules and Policy provides the 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. Appointments are made by the Chief Justice of the Supreme Court of Florida.
The latest issue of the DRC's The Neutral is online and contains excellent content about the Dispute Resolution Center’s 26th Annual Conference, misconceptions about lawyers who serve as mediators (message by Susan C. Marvin), Mediation Day at the Florida Supreme Court, DRC training news and more.

Featured and guest articles include: "Insight into What You May Be Missing in Mediation," by Michael Freed; "If the Stud’s a Dud and Other Horse Tales – Mediation of Equine Law Disputes May Be Your Best Bet," by Jeffrey H. Marcus and Bruce A. Blitman; "In Appreciation of John Ives," by Mary-Ellen Cross.
Opportunity to Provide Feedback to the AFCC Parenting Coordination Guideline Revision Task Force
The Association of Family and Conciliation Courts has introduced the Draft Revised Guidelines for Parenting Coordination and is eliciting comments and suggestions . The Task Force has been working for nearly two years to gather information from jurisdictions across the globe about the practice of parenting coordination and to incorporate data from the social science and legal literature to update the original AFCC PC Guidelines. 

Review the draft guidelines and then begin the survey at this link. As you p roceed through the survey, you may make comments on the sections you wish to address. The task force suggests that you create your comments in a Word document and then cut and paste them in the survey form. You are invited to include your name and email address in the event the Task Force has additional questions about your comments or suggestions. Please respond with your comments no later than Friday, March 29 . The task force is seeking your feedback so that revisions to the AFCC PC Guidelines may accurately reflect the current state of PC practice and provide the most useful guidance for professionals. 
Health and Wellness
In case you missed it, The Florida Bar Young Lawyers Division's latest #StigmaFreeYLD video is out, the third of five video testimonials from Bar members who have struggled with—and overcome—mental health and wellness issues during their careers.

The YLD launched the #StigmaFreeYLD initiative to help end the stigma over mental health and illness in the legal profession. The initiative demonstrates that dealing with mental illness is not a weakness, but a sign of strength. By embracing your reality and dealing it, you can better understand how stress, anxiety and mental illness may be affecting your practice and your life. The campaign also provides resources that attorneys can use to meet and overcome these challenges.
Section Member News
Bruce A. Blitman of Palm Beach Gardens celebrated his 30th anniversary as a Florida Supreme Court Certified Circuit Civil and County Court in February 2019.

Christina Magee , Chair of the ADR Section, and Kim Torres , C hair-Elect, moderated "Up Your Game — Tips on Lawyer Professionalism," a hal f-day seminar sponsored by the Brevard County Bar Association. A distinguished panel of local judges and attorneys and a representative from The Florida Bar discussed boorish behavior and common complaints leveled against lawyers and judges. The event was March 21 at the Space Coast Convention Center in Cocoa.
Call For Authors and Speakers
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.
Submit Your News
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 .
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.