ADR Section News & Tips March 2020
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Social Distancing is Not a Bubble
As we take seriously our social responsibility to keep everyone safe by limiting personal interaction, think of this time as an opportunity to expand. It’s time to update your business model and engage in healthy habits:
- Join the community of virtual conferencing and online business practice.
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- Sharpen your promotional ads and social media presence.
- Learn how to produce, transfer and sign documents online.
- Achieve a better work-life balance by practicing yoga and meditation.
- Engage in online learning, through CLE offerings and other courses.
- Stay in touch: Create video ‘happy hours’ and ‘dance parties’ with friends and neighbors.
- Adjust your expectations: It’s a time of adjustment and change for everyone, including clients.
By popular demand, here are webinars you don’t want to miss:
April 7
–
Appellate Mediation:
A unique perspective of appeals from a mediation point of view. What a mediator needs to know, and how Appellate Mediation is different.
April 24
–
Online Dispute Resolution:
A timely presentation on the ethics of mediating online, tips on how to get your practice running and technology to assist you.
Thank you to our talented presenters who share their expertise with all of us:
Christy Foley, Christina Magee, Elizabeth Harris, Elizabeth Edwards
and
Dr. Rachel Silverman
. If you missed their informative webinars, you can order below.
Do you have some humorous stories, clever observations or practice tips you’d like to share with us? Let’s stay in touch during the quarantine.
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Kim Watson Torres
2019-2020 Section Chair
Torres Mediation Services, Melbourne
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Florida Bar COVID-19 Resources & News
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The Florida Bar
COVID-19 web page
is regularly updated with coronavirus information and resources for the Florida legal community.
The Florida Bar is working diligently to implement work and schedule changes to keep its staff safe and ensure essential functions are carried out on behalf of Bar members. Tallahassee headquarters and branch offices closed Thursday, March 19. Certain Bar staff will be working remotely and essential functions will be continuing.
Deadlines for Florida Bar members scheduled to report three-year-cycle CLE for February, March, April and May have been
extended to Aug. 31, 2020
. Orders for CDs, DVDs and printed seminar course books will not be filled or shipped during the time The Florida Bar is closed.
- Online and downloadable CLE programming is available 24/7 from The Florida Bar at tfb.inreachce.com.
- Use this link to access on-demand and podcast CLE for ADR professionals.
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Thursday, June 18 (during the convention)
- Current Trends in Florida Arbitration Proceedings (and Post-award Proceedings)—1–2:30 PM
- Marketing and Ethics for the Transitioning Neutral—2:45–4 PM
- Ethically Advocating for Your Client at Mediation—4:15–5:30 PM
- Networking reception for ADR Section members (location TBD)
October 2020 (Save the Date)—Arbitration Mentoring Academy
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Renew Your ADR Section Membership
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Starting April 20, Florida Bar members may pay their 2020-21 Florida Bar fees online by signing into their
member portals
and clicking the “Pay My Fees” button.
Paying online is the quickest and easiest way to pay your annual fees and stay in compliance with Bar rules for trust accounting and pro bono reporting. Complete the required elements and click “Submit” to pay by credit card.
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When you pay your annual fees, please remember to rewew your ADR Section membership. In addition to being recognized as a dispute resolution professional within The Florida Bar, here are some great reasons to continue your section membership:
- The section hosts live audio webcasts, 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.
- Each year, we host a Mentoring Academy, where attendees can practice new mediation/arbitration techniques and receive live, immediate feedback to improve their skills.
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'Mediation' Search Category in TFB InReach
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It's official! "Mediation" is a search category in
The Florida Bar
's InReach online CLE catalog at
tfb.inreachce.com
.
We have created a special URL
—
bit.ly/Mediation_CLE
—so you can go directly to the search results. Please bookmark the URL; w
e're adding new CLE courses all the time, and most also qualify for CME credit.
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Thank you to ADR Section Chair Kim Torres for leading the charge and to Florida Bar Director of Professional Development Chase Early for making it happen.
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Section Committee Preference Forms Due April 30
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Committee service
for the ADR Section is an excellent way to demonstrate your leadership skills and network with other ADR professionals from across the state.
Committee preference forms
for the 2020-21 Bar year are due by April 30. Appointments are for the Bar term July 1, 2020, to June 30, 2021. Learn more about the section's committees
here
.
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Committee service is voluntary and travel expenses are not reimbursed. The Executive Council leadership decides annually whether and to what extent to reimburse expenses associated with service on the Executive Council. We encourage you to get involved!
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New: Tips From the Masters
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"A single conversation with a wise man is better than ten years of study."
–
Chinese Proverb
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T
he ADR Section is launching a new column that will appear in each issue of The Common Ground publication.
"Tips From the Masters" is a collection of interviews with experienced Florida mediators who
share
insights and advice about various aspects of mediation. Learn pro tips from some of Florida's top mediators.
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Do you have any favorite mediation tips or juicy war stories? Would you like to be interviewed for the “Tips from the Masters” column? Email
Cristina Maldonado
and
Shari Elessar
and let us know you are interested.
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Wellness Tip: Thrive Global
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Feeling frustrated, worried and stressed by the changes brought about by the health crisis? Working remotely might have seemed novel at first, but some might find it more challenging. If you could use some pick-me-ups, check out
Thrive Global
, an online well-being platform. You'll find articles on a wide variety of topics, many related to stress relief and coping with the unexpected.
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April 1, 12 - 1 PM live audio webcast hosted by the Family Law Section of The Florida Bar. Presented by by
Christy Foley of E-Mediation Services. Due to the recent COVID-19 pandemic, most family law practitioners and mediators have been forced to transform their brick and mortar practices into virtual ones overnight. Incorporating e-mediation into your new virtual practice is one way you can keep your cases moving while adhering to social distancing guidelines. This
one-hour webinar will examine how e-mediation works from both the mediator and lawyer’s perspectives, the technology that is available for it, the benefits of using e-mediation and the ethical and technological issues presented when engaging in virtual mediations.
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April 7, Noon - 12:50 PM
live audio webcast.
Elizabeth Siano Harris of Harris Appellate Law Office will present an
overview of key factors a mediator should consider during an appellate mediation. 1 General, 1 Appellate Practice, 1 Civil Trial CLE and 1 General, 1 Appellate CME. ADR Section members register for only $50.
Course 3459
.
- Understanding appellant’s burden on appeal.
- Presumption of correctness.
- What is the issue on appeal? Types of adjudication.
- The trial court committed error, but does it matter? Harmless error analysis.
- Does the trial court have jurisdiction during the pendency of the appeal–Rule 9.600?
- Understanding what comes after the appellate court’s opinion–the practicalities.
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April 24, 12-1 PM
live audio webcast. "
Online Dispute Resolution: Are the Ethics Different?
" will be presented by
Christy Foley
of E-Mediation Services. This CLE/CME will provide an examination of 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 mediation.
Course 3462
. 1 Technology and 1 Ethics CLE and 1 Ethics CME. ADR Section member registration $50.
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Recently added CLE/CME online courses for your convenience. Section members receive discounted registration:
Turning Mediation Missteps into Momentum
by attorney/mediator
Chris Magee
. This CLE will provide mediators and advocates in mediation insight into common mediation missteps. Learn about common ways that mediations get off track and discuss ways to get back on track and strive for resolution. This seminar is targeted to mediation advocates and mediators who want to better understand typical roadblocks in mediations and ways to address these issues while maintaining progress toward resolution. Course 3855. 1.0 General CLE, 1.0 Civil Trial CLE and 1.0 General CME credit.
Mediation, Parent Coordination, and Mental Health Issues
by
attorney
Elizabeth Edwards
and
Dr. Rachael Silverman
. This course will help participants understand the role of a parent coordinator and mediator in a divorce; how to effectively use mediators and parent coordinators; common mental health issues that families struggle with secondary to a divorce; and three ways psychologists can help parties by working with attorneys. Presented 1.5 General, 1.5 Mental Illness, 1.0 Family Law CLE and 1.5 General, 1.0 Family CME. Course Number: 3458.
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An Overview of Florida Mediation
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The Florida Dispute Resolution Center recently released a
YouTube video
in which Susan Marvin provides general information about mediation, certification and training. Click above to watch.
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Stay in Control of Your Zoom Meeting
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Now that Zoom meetings and webinars are the new normal for many, it's helpful to review some pro tips from Zoom for best practices. Learn how to keep people from crashing in on your meetings, try out the waiting rooms feature and learn how to maintain control of your meetings. Free info by Zoom at
this link
.
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The Florida Board of Bar Examiners has begun a comprehensive analysis of the knowledge, skills, and abilities that are critical for newly licensed Florida lawyers.
The results of the study will assist the board in its ongoing assessment of the bar exam and inform any recommendations the board may make to the Supreme Court about future format and content of the examination.
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As part of the study, the board will assemble a special panel of Florida Bar members and others to meet with its practice analysis experts in May or June of this year. The panel will consist of practicing attorneys, members of the judiciary, and law school faculty who have experience working with newly licensed lawyers. The board is accepting applications to become a member of the panel through April 9. Apply at
floridabarexam.org
.
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Summarized by MEAC Chair Christy Foley
2019 - 004: A mediator does not decide who attends a mediation; the parties decide who attends their mediation. In a family law mediation, the mediator inquired about whether s/he could require the children to attend the mediation. MEAC said that the mediator may not require the children to attend the mediation. Rather, the parties to the dispute must decide who attends their mediation.
2019 - 005: A mediator is neither required to nor prohibited from reporting the attendees at mediation. In a personal injury case where the defendant didn't personally appear at mediation, but his/her attorney and insurance adjuster did appear, and there's an order from the court that all parties must participate in the mediation, the mediator wondered if s/he had to report to the court that the defendant didn't personally appear at mediation. However, MEAC highlighted that the rules for mediators don't specifically require or prohibit a mediator from reporting that information, so it's up to the mediator whether to report that party's non-appearance.
2019 - 006: A mediator's report may not include information about mediation communications, but may include a list of the parties who attended the mediation (although it is not required to). A party canceled mediation with less than 24 hours’ notice. The mediator inquired about whether the cancellation could be reported in his/her Mediation Conference Report and whether s/he could charge the cancelling party a cancellation fee without charging the other party any fee. MEAC reiterated that emails and verbal discussions with the parties regarding cancellations are considered mediation communications and cannot be reported to the court in a Mediation Conference Report. Additionally, MEAC said that parties are to be charged in an appropriate manner, so one party could potentially be charged a cancellation fee without the other party incurring such a cost.
2019 - 007: Mediators who have previously worked as an attorney for a company may, under some circumstances, mediate cases in which that company is a party. An attorney-mediator who used to be a managing attorney at GEICO and who receives a vested pension from GEICO inquired about whether s/he could mediate cases in which GEICO is a party. MEAC said that, yes, s/he could mediate such cases IF the conflict of interest was disclosed to the parties, consented to by the parties,
and if the specific cases were ones s/he had no knowledge of while working as a representative of GEICO.
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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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