What is Mediation?

The March Issue Includes:

What is Mediation?
Kudos to . . .
We Won!
Applause, Applause
Spotlight on March Webinars
Upcoming 2021 Free Webinars
CM's On Demand Classes
Get Your Affidavit Here!
Closed Good Friday
Make CM Your Registered Agent - It's Free!
Get the Trending News
About the Green Marble
Our Business Partners
Contact Information

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When replying with a question or a statement, please include your full name and legal name of your Association, if you are a Board or Committee Member and/or Resident, and if you are a manager, your name, name of the your Management Company or if you are an independent manager, the name of the Association you manage. No acronyms, please unless your legal name is an acronym, This will expedite our reply to you as our database is by Association or Management Company.

What is Mediation?

by Partner, Alan Schwartzseid

Mediation can be a game-changing event in the course of a legal dispute. It can take place at any stage of the dispute, but is frequently required before certain actions can be taken. For example, it must be offered pre-suit in certain Florida Homeowners Association disputes (F.S. § 720.311), within 120 days after a medical negligence lawsuit is filed (F.S. § 766.108), and pre-trial in most Florida civil lawsuits. While uncommon, it can even be held post-judgment (e.g., to clarify how, or whether, the losing party in litigation must comply with the judgment).

Even many who are aware of the foregoing may be unaware of what mediation entails. Essentially, mediation is a meeting to resolve the legal dispute, with the assistance of a neutral third party (the mediator). It can be held physically, and is increasingly virtual both in the wake of the Coronavirus pandemic (but was trending toward that option prior to 2020). Perhaps the most crucial facilitator of a mediated resolution is that mediation discussions are confidential (with limited exceptions unlikely to affect our clientele). F.S. § 44.405. This confidentiality facilitate parties’ candor, and limit the posturing that is so common in litigation. That candor not infrequently includes acknowledging some level of fault and/or apology during mediation, without fear that the acknowledgement will be used in court. Of course, caution is still advisable, but the sanctions available offer significant protection. To ensure mediation is a fair and unbiased process, a mediator must be a neutral non-party to the litigation, and must maintain confidentiality even between the parties, unless expressly authorized otherwise. Moreover, the mediator’s post-mediation report is limited to a list of attendees, and whether a settlement was reached.

Another crucial consideration in mediation is that at least one attendee for each party must have full settlement authority. This does not mean they must be willing and able to drop all claims or defenses. Rather, it means they must at least know the party’s “best and final” settlement terms, and be authorized to enter an agreement if the subject matter of the mediation is settled. This avoids the risk that the parties’ theoretical mediated settlement could be rendered meaningless, and ensures at least the possibility of a meaningful, complete mediation.

Depending upon the parties’ respective mindsets, mediation can either incur additional time and cost, or can serve the purpose that both the Florida legislature and this author share: mediation can be a useful tool to save parties thousands of dollars in further litigation costs. It works best, in fact, when the parties are cognizant (and perhaps reminded) of their best and worst alternatives to a mediated settlement. The former can frequently be winning a case after months or years of additional headaches and expense, only to have to incur additional time and expense seeking to enforce their judgment. (See our article, You Win! So What?). The latter - losing after all that effort - should also be considered. The best resolution can often be one where the parties are not happy with the settlement, but each accept it in lieu of these alternatives. While it is not a mediator’s job to provide legal advice, we frequently see more positive results with mediators who know the relevant laws, and can ask questions to point out strengths and weaknesses of a case or defense. When parties become agitated, a good mediator can also facilitate negotiations without the parties having to be in the same room, and may be able to calm the parties (and frankly, their counsel) to a point where a meaningful settlement discussion that could not be had without the mediator becomes possible.

In short, mediation can be a helpful process to resolve a dispute with much less effort and expense, if the parties are willing to maintain an open mind and consider the alternatives to a settlement.

So Glad It Is A Mutual Admiration Society

Recently, several members of our firm received high praise from our clients and/or webinar guests. We would like to share some of their very touching remarks that we have recently received.

The first is a letter from Summerfield Farms addressing their relationship with Russ Klemm and CM. We were very touched by their letter and it is comments like this that make us smile for days (if not weeks). Thank you Summerfield!

Russ Klemm, Partner and

Litigation Department Head

And Here Is Some More Kind Words

One of our recent webinar guests who said they were "technology challenged," praised our Public Relations team mates, Kaitlyn Duda and David Thierer, for their assistance in explaining recent technology. He said that "the service that was provided to me shows what kind of company you work for and if CM hires people like them (Kaitlyn and David), then CM must be doing a good job as a firm."

The PR Department was all smiles after hearing our guests comments. Thank you - 'O Guest Who Preferred to Remain Anonymous.

David Thierer, Public Relations Representative

Kaitlyn Duda

Administrative Assistant

Y'all Are Absolutely Awesome!

We are just bowled over by your confidence in us! Once again, you cast your vote for CM, the firm that Embraces Community, as one of the very top Community Association Service providers. And again, we took the highest honor - the Diamond Level!

Why is this award so special to us? Because just like the People's Choice Awards for the entertainment industry, this contest is based on individuals - just like you - and their votes. While we have been regarded as one of the original law firms to practice Community Association Law, we are a small law firm compared to our competitors in this contest.

Over 11,000 votes were cast this year for all categories on service providers and our humble firm was right at the top as a leading vote getter.

We are featured in the March issue of Florida Community Association Journal.

Everyone is touched when they receive kind words about their actions. Our firm is no exception. Clients have asked us over the years "is there some place that they can submit a compliment that would get to the right person and also give them some internal recognition?" To that end, we created a "Kudos" page on our website to provide people an opportunity to recognize members of the firm.

Did one of our attorneys or staff go above and beyond to help you?

Has one of our attorneys or staff members gone above and beyond on your behalf?
Did you receive a great result in a case as a result of our attorneys and paralegals expertise?
Did someone in our Billing Department provide more information on an invoice?
Was our Client Services Department helpful in handling a non-legal matter for you?
Did our receptionist brighten your day with her greeting?
Or maybe you had a positive experience with our webinars or other complimentary services, such as referrals or assistance after hours?
Perhaps you would like to share with the firm your appreciation of our representation of your Association or a particular case?

Our staff will be recognized internally at our monthly meetings or a firm email with your kind words.

If you would like to submit a "Kudo" to be shared with that staff member or attorney, you may do so by selecting the button below. Your kind words are not automatically published in our newsletter or Facebook page unless you specifically authorize same.

Submit a Kudo

Announcing

Our March

Webinars!

Here come our March Webinars and this month there are two brand new webinars plus a Board Certification Class!

Here's the scoop on each of them and the link to register for more information.

The T’s of Telecommunications

for Communities

Thursday, March 18th

6:00 p.m. - 7:30 p.m.

What’s the difference between fiber and copper systems? Is there compensation from providers to communities for individual subscription services available? Have you considered a bulk agreement for internet or TV services at a discounted price?

Find out what’s on the table for your community. We welcome you to join our Valued Business Partner, the CEO of Paradigm Broadband Group, an expert in the broadband industry, as he describes "The T’s of Telecommunications," covering such topics as technologies to consider, terms to negotiate, tactics to look out for and timing.

Speaker: Don Johnson

In 2013, the Florida Legislature mandated that all Board Members take the Board Certification Class within 90 days of being elected to the Board or be removed from the Board. In lieu of attending the class, you may execute an Affidavit "opting out of the class." If you would prefer to waive the class, you may request the Affidavit by using this link .

2021 Live Homeowners Association

Board Certification Class

Thursday, March 25th

6:00 p.m. - 9:30 p.m.

Door Prize Awarded

Join our Partner, Alan Schwartzseid, as he guides you through what it takes to serve on a HOA Board of Directors. Whether you are an experienced Board Member or brand new to the Board, this 3 hour class will guide you through what it takes to serve on the Board.

Even if you are already certified, consider taking this class as there is always new information presented. You may pre-submit your questions for this event on your reservation form.

This is the only live HOA Board Certification class that we are offering this year. If you cannot make this class, please feel free to use our CM On Demand Board Certification classes at your leisure. Scroll down for more information on our On Demand Classes.

Speaker: Alan Schwartzseid, Partner

Related Classes You Might Be Interested In

Two other classes that relate to this class that you might be interested in are "Bad Board Members: What 'Ya Gonna Do When They Come For You?" and "Who Does What?!! Officers Duties Breakdown." Please scroll down for more information on these two classes and/or to make a reservation.

Working with Acts of God

Tuesday, March 30th

6:00 p.m. - 8:15 p. m.

Door Prize Awarded

Normally, Community Associations just have to contend with hurricanes, tornadoes, fires, sinkholes, and severe storms. Last year brought us a pandemic with far-reaching repercussions. Our Senior Partner, Neal McCulloh, and Guest Industry Speaker, Lou Biron of Sihle Insurance, will address the legalities, serious issues arising in preparation and the aftermath of these acts of God, and possible solutions to these life changing challenges.

Speakers: Neal McCulloh and Lou Biron

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "Coyotes, Bears, & Toads - Oh My!" Please scroll down for more information on these two classes and/or to make a reservation.

Upcoming

Free 2021

Webinars

View Our 2021 Webinar Selections Here

Elements of

Community Association Insurance

Thursday, April 22nd

6 - 7:30 p. m.

This Class is being offered for One (1) Manager Credit

Course No.: 962817

Community Associations can be complex and each association will have their own unique set of exposures and liabilities. During the presentation, the speakers, will help simplify and walk you through the insurance process and the major coverages each Community Association needs to be aware of as they purchase their insurance. This course will touch on state statutes, underwriting requirements, different types of carriers available, and coverages all associations and their managers should understand. Whether you are experienced or just starting in Community Associations this course will provide a level of content for everyone.

Speakers: Jared Pizzuti and Kevin Halvorsen

of Sihle Insurance

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "Working with Acts of God." Please scroll up for more information on this class and/or to make a reservation.

Bad Board Members:

What 'Ya Gonna Do When

They Come for You?

Thursday, April 29th

6 - 8 p.m.

Door Prize Awarded

At one time or another, every Association will have a bad board member. It may a Board Member who refuses to execute their duties, attend meetings, causes disruptions, leaks confidential information, or refuses to turn over the Association’s records once they leave office, or a multitude of other issues. So, what can you do with a bad board member? Can they be removed from the Board? What can you do to rehabilitate a bad board member (or can you)? Our Attorney will delve into these issues offering possible legal solutions while our Director of Public Relations (an experienced board member who has networked with thousands of associations) will offer practical solutions and insight into the situations.

Featuring Partner, Russ Klemm, and our

Director of Public Relations, Arlene Ring

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "Who Does What?!! Officers Duties Breakdown." Please scroll up for more information on this class and/or to make a reservation.

What?!! We Can Be Sued

Because of Our Website?

Thursday, May 20th

6 - 8:15 p. m.

Door Prize Awarded

Did you know that you can be sued because of your website? What should or should not be on your website? How can you improve your website? Learn about the legalities of Community Association websites, what should be (or should not be) on your website, and design tips. Our Attorney will cover the legal aspect while our Guest Speaker will provide you with information on ways to maximize your website to assist in the operation of your Association.

Featuring Partner, Alan Schwartzseid and

Guest Industry Expert,

Joshua Adams of Rock Paper Simple Web

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "Are You On the Eve of Destruction: Effective and Destructive Posts for Associations." Please scroll up for more information on this class and/or to make a reservation.

Mini Legal Update for Board Members

(and Managers, Too)

Thursday, June 24th

6 - 8:15 p. m.

Door Prize Awarded

Community Associations live and die by laws passed (or sometimes not passed) by the Florida Legislature. In this class, our attorney will discuss the new laws affecting Community Associations and what may be coming down the pike. We are honored to have State Representative Anna Eskamani with us to cover key points of legislation from the recent Legislative Session as well as take your questions. Don’t miss this important class.

Special Note: While managers are welcome to attend this event, this class is not the legal update class required for the CAM license.

Featuring Senior Partner, Ken Clayton,

and the Honorable State Representative,

Anna Eskamani

2021 Live Question & Answer Sessions for Condominiums and Cooperatives

Thursday, August 19th

6 - 7:45 p. m.

Door Prizes Awarded

This class was created for those individuals who took our CM On Demand Condominium and Cooperative Board Certification Class. There is no subject matter taught at this event - just pure Question & Answers. As the CM On Demand class was pre-recorded there was not a Q&A session included in the class, this class meets that need!

Those individuals who took one of our live Condominium and Cooperative Board Certification Webinars are also welcome to join this class. Attended another company's Board Certification Class? No problem! You are still welcome to attend and listen but cannot ask questions. BUT in listening to others' questions, you might get your questions answered! This is a common scenario.

This class is for those Associations governed by Florida Statutes 718 and 719 only. Please check your Association’s Governing Documents to ensure that you are governed by one of these Statutes before making a reservation as we would not want you to discover that you took the wrong class.

Speaker(s) to be announced

Are You On the Eve of Destruction?

Effective and Destructive

Posts on Social Media

Thursday, August 26th

6 - 8 p.m.

Door Prize Awarded

Social media is a very effective method to keep residents advised of important events and operations of community associations. It can be a blessing and a curse for Community Associations. You can post something that you feel is great, but then comes the backlash! Wording a post the wrong way can result in bad press for your Association and even possibly, litigation. So how can you maneuver these tricky waters and make social media work for your Association and avoid the pitfalls? Our goal is to help you hit a home run and avoid a blow out for your Association.

Our attorney will discuss the legal pitfalls of social media and Shelby Rogers of the Marketing Firm, On Target, will discuss how to turn social media into a bonanza for your Associations and what not to do.

Featured Speakers: Partner, Alan Schwartzseid and

Shelby Rogers of OnTarget

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "What?!! We Can Be Sued Because of Our Website?" Please scroll up for more information on this class and/or to make a reservation.

2021 Live Question & Answer Sessions for

Mobile Home Parks

Thursday, September 23rd

6 - 7:45 p.m.

Door Prize Awarded

This class was created for those individuals who took our CM On Demand Mobile Home Park Board Certification Class. There is no subject matter taught - just pure Question & Answers. As the CM On Demand class was pre-recorded there was not a Q&A session included, this class meets that need!

Those individuals who took one of our live Mobile Home Park Board Certification Webinar Classes are also welcome to join this class. Attended another company's Board Certification Class? No problem! You are still welcome to attend and listen but cannot ask questions. BUT in listening to others' questions, you might get your questions answered! This is a common scenario.

This class is for those Associations governed by Florida Statute 723. Please check your Association’s Governing Documents to ensure that you are governed by this Statute before making a reservation as we would not want you to discover that you took the wrong class.

Featuring Partner, Russ Klemm

Who Does What?

Officers' Duties Breakdown

Thursday, September 30th

6 - 8 p.m.

Door Prize Awarded

Think you know what responsibilities each Board Member has? What does the Vice President do? This class will cover the responsibilities of officers on the Board and a few that you may have overlooked and/or had not considered. We will also cover items that every Board Member should know about their Association. Our mission is to maximize the efficiency of your Board by attending this class. This class is taught by Arlene Ring. Partner, Alan Schwartzseid will be available to answer legal questions.

Featuring our Director of Public Relations,

Arlene Ring, and

Partner, Alan Schwartzseid

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "Bad Board Members: What 'Ya Gonna Do When Come for You?!!" Please scroll up for more information on this class and/or to make a reservation.

2021 Live Question & Answer Session for Homeowner Associations

Thursday, October 14th

6 - 7:30 p. m.

Door Prize Award

This class was created for those individuals who took one of our CM On Demand Homeowner Board Certification Classes. There is no subject matter taught - just pure Question & Answers. As the CM On Demand class was pre-recorded there was not a Q&A session, this class meets that need!

Those individuals who took one of our live Homeowner Board Certification Webinars are also welcome to join this class. Attended another company's Board Certification Class? No problem! You are still welcome to attend and listen but cannot ask questions. BUT in listening to others' questions, you might get your questions answered! This is a common scenario.

This class is for those Associations governed by Florida Statute 720. Please check your Association’s Governing Documents to ensure that you are governed by this Statute before making a reservation as we would not want you to discover that you took the wrong class.

Featuring Partner, Alan Schwartzseid

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "2021 Live HOA Board Certification Webinar Class." Please scroll up for more information on this class and/or to make a reservation.

Coyotes, Bears, & Toads - Oh My!

Thursday, October 28th

6 - 8:30 p.m.

Door Prize Awarded

Florida is being over-run with several invasive and nuisance animals:

Coyotes are running rampart killing pets;
Bears are entering our communities with no fear;
Poisonous cane toads are encroaching on Central Florida with fatal results for our pets;
Irresponsible pet owners allow their dogs to run free to possibly attack your residents and other pets.

This class is based on one of the most talked about subjects on social media - especially on Nextdoor. This class will deal with the nuisance animal population that is increasing and affecting residents of communities. What steps, if any, can an Association take to deal with these nuisance animals? The objective of this class will help you identify the problem and suggest possible solutions to this growing area of concern. This class was one of most requested classes from Board Members over the past two years. Our Attorney and one to two Guest Speakers will host this class.

Featuring Senior Partner, Ken Clayton

and Florida Wildlife and

Wild Animal & Trapper Guest Speakers

(to be announced)

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "Working with Acts of God?" Please scroll up for more information on this class and/or to make a reservation.

CM On Demand Classes

We now feature both Board Certification Classes and our Vendor Panel discussion, "Oh, What A Night!" on demand.

You can take these classes at 2:00 a.m. on a Saturday or whenever your heart desires. There are deadlines to view the Board Certification classes.

Some points to remember:

Please don’t sign up for the class unless you have put aside 2 – 2 ½ hours to view the Board Certification Class within twenty-one (21) calendar days of making the reservation. "Oh, What A Night!" has no restrictions.

Do not share any of these links. This is an automated system and if you share it with someone else, they will not receive credit. Each person must complete the reservation form themselves. If you want to take more than one class (e.g., the HOA and the Condo class), complete two separate forms putting the Association’s name that you are signing up to receive certification for.

If we do not receive a survey within twenty-four hours of your completion of the class (be honest as the webinar software is a tattle tale and will let us know if you are naughty), we regret that we cannot provide your certification.

Upon successful completion of the course, you will receive your Certificate within thirty-two (32) business (not calendar) days.

For the most part, this is an automated system. Please read the website and your Confirmation and Instructions email in depth as it will expedite receiving your Certificate within the 32 business days.

Please review your Reservation form before hitting the "Submit" button as errors will prohibit it from going through. Wait up to three minutes to see the receipt banner which is the confirmation it went through,

So, pop the popcorn, pour your favorite beverage, grab your pen and pad, settle in your easy chair, and view this class on your computer, smart phone, or tablet!

To find our new CM On Demand classes, click on the button below. Then simply select which class you want to take. Upon completing a short registration form, you will receive an instructional email with the link to the class and instructions to how to receive your Certificate of Attendance.

Another personalized service from Clayton & McCulloh, the firm that Embraces Community. Shouldn't your Association have a law firm that puts you first?

Don't Want to Take the

Certification Class?

If you prefer not to take the certification class, please use the button below to request an Affidavit "opting out" of taking the class.

Request Affidavit

CM Closed April 2nd

Our firm will be closed Friday, April 2nd, in on observance of Good Friday to allow our attorneys and staff time to be with their families on this occasion. We will re-open on Monday, April 5th. As always, our Director of Public Relations, Arlene Ring, is available to you on this holiday as well the rest of the 365 days each year. Our 24/7/365 number is listed in our Contact Information at the bottom of this newsletter.

Don't Forget to Add CM as

Your Registered Agent!

It's time to start filing your Annual Corporate Report. The report is due by May 1st. Please remember that as one of our clients, we will act as your registered agent on a complimentary service. For more information why your law firm is the best entity to be your registered agent rather than a board member or your manager/management company, please see our December issue of the Green Marble which is on our website under publications.

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About the "Green Marble"

The Green Marble is a monthly digital newsletter, a complimentary service for our Association Clients and Managers. CM also features an additional monthly digital newsletter, "CM Update," an annual "Community Chat" (delivered to your home via USPS), and "CM Special Editions." These publications are published by our Public Relations Department. If you have any questions, comments, or suggestions about this newsletter, please contact us at pr@clayton-mcculloh.com.

You are receiving this e-mail as you fall into one of the following categories:

*You are currently a client or client's manager;

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provided a complimentary subscription to the CM mailing list;

*By attending one of our seminars, you agreed to be part of our Confidential Mailing list.

If you elect to be removed from this e-mail service, we will no longer be able to send you seminar invitations, information on changes in the law concerning Community Associations, newsletters, or any other information regarding the Community Association industry. We sincerely hope we can continue to assist you with the challenges that face Community Associations today through this service.

When replying with a question or statement please include your name and the legal name of your Association or Management Company (no acronyms, please, unless your legal name on the Article of Incorporation lists an acronym.)

Thank You!

We would like to take a moment to thank our 2021 Valued Business Partners. These companies are experts in the Community Association field. There are special nuances that should be considered before hiring a company to handle your work.

We hope that you will consider securing a bid for their services for your Association or in your personal lives. These Valued Business Partners are leaders in their industries and we are thankful they partnered with us this year.

Please remember that simply by clicking on their logo, it will take you to their website where you can learn more about their services as well as hire them.

As the weeks go by, there will be more Business Partners joining us. However, this year we are limiting our the number of Business Partners we accept.