I envision the upcoming bar year to include growth in our Section’s membership, learning through wonderful CLEs, and impactful initiatives such as the Arbitration Advocacy Institute in February.

Together, we will explore innovative approaches to ADR, stay abreast of the latest developments in the field, and create occasions for networking (such as our October Mediation Mixers and our September Retreat in Orlando, where I hope to see you all!).

I am truly excited about the upcoming year and the opportunities that lie ahead for our Section. I invite each of you to actively engage in our Section’s activities, share your valuable insights, and contribute to our collective success. If you have ideas regarding the Section’s activities, then please feel free to contact me.

Once again, I am grateful for the opportunity to serve as your Chair. I look forward to getting to know you all and I cannot wait to start the remarkable journey we will embark upon together during this bar year!

Best wishes,

Christy L. Foley

ADR Section Chair, 2023-2024

cfoley@emediationservices.com

• August 4: 2023 Florida Dispute Resolution Conference
• August 8: Arbitrator's Forum on Everything You Need to Know About Expert Witnesses—free and open to all. 8–9 AM Zoom meeting. Insightful discussions with fellow arbitrators.
• August 11: Raise Your Visibility and Raise Your Caseload by Louiza Tarassova. 12–12:50 PM live Zoom webinar. 1 CLE, 1 technology.
• August 15: Cyborg Mediators: Applying Artificial Intelligence (AI) and Decision Science Technology in Mediation by Robert Bergman. 12–1:15 PM live Zoom webinar. 1.5 CLE/CME, 1.5 Technology.
• September 6: Mediate Like Your Livelihood Depends Upon It – Because It Does! by David W. Henry. 12–1:15 PM live Zoom webinar. 1.5 CLE/CME, .5 Ethics, 1.5 Civil Trial.
• September 12: Arbitrator's Forum (topic TBA)—free and open to all. 8–9 AM Zoom meeting. Insightful discussions with fellow arbitrators.
• September 12: Building Trust and Positioning Parties for Settling Disputes by Gena Abel-Barnes and Megan Moschell. 12–1 PM live Zoom webinar 1 CLE/CME, .5 Mental Health & Wellness, and 1 Marital & Family Law credit pending approval. Registration opens soon.
• September 21: Holding the Calm, the Secret to Resolving Conflict, Defusing Tension, and Reducing Anxiety and Stress by Hesha Abrams and Patrick Russell. 10–10:50 AM live Zoom webinar. 1 CLE, 1 Mental Health & Wellness
• September 22-23: ADR Section Retreat, Margaritaville Resort Orlando. Details coming soon.
• October 6: Business of Mediation: Making It Work by Chris Shulman. 12–12:50 PM live Zoom webinar. 1 CLE/CME, 1 Technology credit pending approval. Registration opens soon.
• October 10: Arbitrator's Forum (topic TBA)—free and open to all. 8–9 AM Zoom meeting. Insightful discussions with fellow arbitrators.
• October 12: Employment Dispute Resolution: The Case for Mediation by Lori Adelson. 12–1 PM live Zoom webinar. 1 CLE/CME, 1 Labor & Employment.

Congratulations to the ADR Section members who were recognized during the Section meetings at the Annual Florida Bar Convention. Our 2022-2023 Chair, Kathy McLeroy of Carlton Fields, presented awards to show our appreciation for these outstanding leaders' hard work and volunteer service. And, 2023-2024 Chair Christy Foley, E-Mediation Services, gave Kathy an award to recognize her leadership and commend her successes during this Bar year. Thank you to all who serve in leadership roles for this great section! 🙌

 • MVP Award: Patricia H. Thompson, JAMS. “In recognition of your exemplary leadership and dedication to the ADR Section”

 • Mentorship All-Star Award: John F. Salmon, Salmon & Dulberg Dispute Resolution, and Christina M. Magee, Brevard Mediation Services (not pictured). “In recognition of your exemplary dedication to fostering mentorship among mediators in the ADR Section”

 • Communication All-Star Award: Ana Christina Maldonado, Upchurch Watson White & Max Mediation Group, and Natalie Paskiewicz, Paz Mediation (neither pictured). "In recognition of your tireless work producing the ADR Section publications”

 • CLE All-Star Award: Kim W. Torres, Torres Mediation Services (not pictured), and Hadas K. Stagman, South Florida Divorce Mediations. “In recognition of your tireless work producing and managing the ADR Section’s educational content”

 • Up and Comer Award: Anne E. Kevlin, Anne Kevlin Mediation (not pictured). “In recognition of your exemplary leadership and dedication to the ADR Section’s NBA Subcommittee”

 • Rookie of the Year Award: Chardean M. Hill, CMH Law and Dispute Resolution, LLC. “In recognition of your exemplary contributions to the ADR Section during your Rookie Year”

The following individuals are appointed or reappointed effective July 1, 2023, to serve on the committee for a term that expires on June 30, 2026:

• MaryAnn Aiyer, Groveland
• Lloyd Comiter, Fort Lauderdale
• Lawrence Gordon, Haverhill
• Dinah L. Mason, Jacksonville
• Kathleen S. McLeroy, Tampa
• Peter Spanos, Tampa

The Committee on ADR Rules and Policy submitted a petition to the court in December 2022 with its recommendations for revisions to Part II of the rules. The Court adopted the Committee’s recommendations and a recommendation from one of the commenters. The revised rules are effective October 1, 2023. 

It has been a year since we requested help in the development of this tool for assessing conflict in older families so that professionals will be better able to match interventions and processes to characteristics and needs of each unique family. The first two studies of the Eldercaring Conflict Tool showed significant promise (thank you so much if you gave input!). In response to feedback, the tool was considerably reduced according to data provided.  We are now in the third phase of the study to determine if the modified Eldercaring Conflict Tool with only half of the questions is as reliable.  

Please help us with this Pilot 3 by assessing the case study provided using the new abridged Eldercaring Conflict Tool on this link and submitting your survey on or before Monday, August 21, 2023. The outcome of this study is dependent upon obtaining greater participation than the first two phases, so please send this email to any other professionals who might be interested in assisting us with this research to further develop the tool. 

This shortened version of the checklist will take approximately 15-20 minutes to read the scenario and complete the survey. Since your responses will be completely confidential it is necessary to finish in one sitting. There are no right or wrong responses. Think of this as a case you might have where you have just completed your intake and are beginning work with the older adult and/or family; you may not know all of the answers on the survey. Along with completing the tool, as part of the survey, you will be asked to give us your feedback. We are so appreciative to hear about your experience and anything you think will be helpful. 

Our hope is to have as many professionals complete the survey as possible. Your input and the feedback of those you send this to will provide valuable guidance. Thank you so much in advance.  

We encourage you to renew your section membership through your Florida Bar member portal and continue taking advantage of all that we offer! 

• Statewide networking opportunities with litigators, mediators and like-minded professionals.
• Discounted registration on timely, relevant CLE—and most of the section’s courses* qualify for CME, so you can earn dual credits.
• CLE created especially for neutrals, such as how to effectively represent clients in mediation, technology, ethics, professionalism, online mediation and more.
• Opportunities to present seminars and publish articles.
• Leadership through committee service.
• Recognition as a dispute resolution professional within The Florida Bar.
• Free publications.
• Mentoring Academy for Attorney-Mediators and Arbitration Advocacy Academy for attorneys.

At $45, ADR Section membership is an excellent return on investment. Members recoup the annual membership fee by attending just one CLE at the member-discount price! Join us today and build your statewide network of neutral referral sources and friends. Learn more here.

2022-001: A mediator sent a bulk email out to advertise their services. In the email, the mediator stated that they “donate a total of 10% of all revenue received from [] mediations [] divided between each respective Attys’ and/or their Clients’ charities of choice.” MEAC was asked whether mediators can send bulk advertising emails and whether they can donate a portion of their mediation fees to charities. MEAC said that bulk advertising emails are acceptable as long as the information contained in them is truthful (but did not comment on other relevant laws, like CAN-SPAM). However, MEAC said that mediators can only charge parties for mediation fees and expenses – not charitable donations. Additionally, MEAC said that the mediator’s method of donating to charities could cause a conflict of interest that would negate a mediator’s neutrality.

2022-002: A mediator who is conducting mediations virtually asked if they can request the parties’ permission to record the portion of the mediation in which the parties agree to the settlement terms – and grant the mediator permission to sign the settlement agreement on their behalf, with the mediator keeping the recording of that portion of the conversation confidential (except as disclosure may be required or permitted by law). MEAC said that a mediator cannot sign a settlement agreement on behalf of the parties because Fl. Stat. 44.404(2)(a) states that the parties must sign any settlement agreements and, by signing for the parties, the mediator would take away the parties’ self-determination & would be acting in dual roles, which is prohibited under the rules. MEAC suggested getting an electronic signature from the parties themselves instead.

2022-003: A mediator who conducted an HOA mediation asked if they can have a party draft a settlement agreement, who should submit a mediation report, and who can be required to sign a mediated settlement agreement. MEAC said that parties can draft their own settlement agreements if they so desire because they have self-determination, only a mediator can submit a mediation report, and parties who don’t participate in a mediation cannot be required to sign a mediated settlement agreement.

2022-004: An attorney-mediator asked MEAC if, after doing a mediation with a party, represent the party in a completely unrelated matter. MEAC said that the attorney-mediator would need to refer to FL Bar rules. MEAC also said that there’s nothing in the rules that prohibits a mediator from doing proceeding with the representation if the legal representation is on a completely different matter and involves completely different parties. However, MEAC also said that solicitation for future work at a mediation is absolutely prohibited. The discussions regarding a future representation cannot take place until the conclusion of all mediation-related activities.

2022-005: A presiding senior judge is mediating cases not relevant to the areas s/he presides over. The presiding judge wanted to run advertisements that said “Retired Judge [Name] is Mediating” (or something similar), but was wondering if that kind of advertisement was ethical. MEAC said that using the title of “judge” in an advertisement (with or without modifiers) is not allowed. However, providing a resume/biography that explains your experience as a judge is permissible.

2023-001: Attorneys scheduled – and then postponed – a mediation with a mediator. The originally-scheduled date passed and no new date was set. It did not appear there was a court order to mediate. The mediator never spoke to the parties or had any communications with the parties. The mediator was wondering if s/he was allowed to cancel the mediation. MEAC said that, since there was no scheduled mediation and the mediator had no communications with the parties, there was nothing to cancel. 

Online CLE: The Florida Bar's InReach catalog contains the ADR Section's full line of CLE programming. See what's coming up or download online seminars and downloadable audio 24/7. Click here to go directly to the sort for ADR-themed courses.