Message From the Chair
Happy new year! I hope you’re enjoying the start of 2024 and that this year brings you much prosperity. As you likely know, we are hosting the Arbitration Advocacy Institute, a flagship event for the Section, on Monday, Feb. 19. This virtual conference promises to be both enriching and enlightening.
| |
|
|
Your active participation is not only encouraged, but is also crucial to the success of this event. As ambassadors of alternative dispute resolution, your presence will contribute to the vibrant exchange of ideas, fostering a community that champions excellence in arbitration. Therefore, please be sure to attend – and tell any trial lawyers you know to attend as well, since the Institute is meant to help them excel as advocates in arbitration. Registration opens soon. You may pre-register here.
I also want to thank you for your continued commitment to the ADR Section of The Florida Bar. Our Section has always thrived on the dedication and passion of its members, so I am eager to witness the incredible achievements that await us in 2024!
Best wishes,
Christy L. Foley
2023-2024 ADR Section Chair
cfoley@emediationservices.com
| |
February 2 Mediator's Forum
You're invited! The February Mediator's Forum is “Mediator's Proposal” facilitated by Greg Holder. Live on Zoom from 8–9 AM. FREE and open to all.
Join your fellow Florida mediators for monthly Mediator’s Forums on Zoom to facilitate the exchange of ideas between fellow mediators.
| |
|
|
We offer a welcoming environment where our state’s community of mediators can explore the nuances of our shared interests in ADR topics, share ideas along a broad spectrum of mediators, ask questions, and learn about our craft.
Join Zoom Meeting: https://us02web.zoom.us/j/6234095288
Meeting ID: 623 409 5288
One tap mobile: +13052241968,,6234095288#
AND, save these dates for upcoming Mediator's Forums (the Zoom information remains the same):
| |
February 19 Second Virtual Arbitration Advocacy Institute
Regular registration opens soon for the ADR Section’s 2024 Arbitration Advocacy Institute, a one-day, virtual workshop for attorney-arbitrators. This seminar is the answer to the question, “How can I improve my arbitration skills?” Course number 8273 is approved for 6.5 CLE credits, 1.5 of which may be applied toward Ethics; 2 Technology.
| |
|
|
Special thanks to our featured sponsors, the American Arbitration Association, Approved Dispute Resolution, JAMS, Meah Rothman Tell, P.A., and Upchurch Watson White & Max.
February 19 from 9 AM to 4 PM. View the agenda and presenters here. Learn more about the program here.
- Early-Bird Registration (on or before February 12, 2024): ADR Section members $100, non-section members $145 (includes section membership)
- Regular Registration (after February 12): ADR Section Members $185, non-section members$230 (includes section membership), students $60
| |
February Arbitrator's Forum
Please join us on February 13 at 8 AM for the ADR Section Arbitration Committee's next Arbitrator's Forum. The topic is Balancing parties’ right to control in Arbitration. The forums are on the second Tuesday of each month. They are FREE and open to all. We hope to see you online!
| |
|
|
Get details at bit.ly/ADR2-13_ArbForum.
The Zoom credentials are the same for each Forum:
- Join the Zoom Meeting here
- Meeting ID: 817 1009 4208
- Passcode: 567343
The ADR Section's Arbitration Committee introduced the forums to create a community of better arbitration neutrals in our state. Join your fellow Florida neutrals on Zoom to discuss what works, what puzzles you, and what might improve your practice. Questions? Contact Patricia H. Thompson, FCIArb, at 305-794-4345 cell, 305-371-5267 office or pthompson@jamsadr.com for more information.
What: TFB ADR Section’s Arbitrator’s Forum
When: Second Tuesday of each month
Time: 8–9 AM
| |
|
Special Forums Planned for The Florida Bar YLD
The ADR Section is hosting forums next spring that are geared toward Florida Bar Young Lawyers Division members. We hope to generate interest in the ADR Section’s monthly forums for mediators and arbitrators—and hopefully, recruit some YLD members to join the section. Please share the information with young lawyers who might be interested.
| |
|
|
Everything you ever wanted to know about Mediation but were afraid to ask.
Friday, March 1, 2024 @ 12 noon Mediation Forum
Join the Zoom Meeting here.
Meeting ID: 623 409 5288
One tap mobile: +13052241968,,6234095288# US
Everything you ever wanted to know about Arbitration but were afraid to ask.
Tuesday, March 12, 2024 @ 12 noon Arbitration Forum
Join the Zoom meeting here.
Meeting ID: 842 5813 1703
One tap mobile: +13052241968,,84258131703# US
| |
March 6 The Power of Choice: Mediator Shortlists & Arbitrator Panels
Registration is now open! We invite you to join us for this FREE community event, the 2024 program entitled The Power of Choice: Mediator Shortlists & Arbitrator Panels.
How do you choose your neutral? How do you get chosen as a neutral? Law is less diverse than other professions in the U.S., and ADR is an even less-diverse corner of the law.
| |
|
|
What to do about it? Join our panelists as they provide a bird’s eye view of initiatives to promote diversity, equity, and inclusion in the areas of mediation and arbitration, and the field of dispute resolution on Join our panelists as they provide a bird’s eye view of initiatives to promote diversity, equity, and inclusion in mediation and arbitration, and the field of dispute resolution on a state and national level. Get details and register here.
March 6, 2024:
- CLE: 2–5 PM
- Reception: 5–6 PM
In-person at Nova Southeastern University Shepard Broad College of Law, Davie, 3rd floor Law Library. Sponsored by the ADR Section of The Florida Bar and Shulman ADR Law. For more information, please contact Ana Cristina Maldonado maldonadomediation@gmail.com.
| |
March 22 Non-Binding Arbitration: Critical Issues for Careful Advocates to Consider
This seminar, a joint presentation of the ADR and Trial Lawyers Sections of The Florida Bar, is designed to help attorneys navigate the non-binding arbitration process to best represent their clients. Presented by Meah RothmanTell, Robert Hudson, Daniel Alvarez, and Andrew Reiss.
| |
|
|
As the third of a four-part series, this seminar will focus on critical issues in non-binding arbitration:
- determining the form of award and proposed award;
- handling motions for trial de novo;
- post-hearing strategies including filing exceptions;
- keeping the hearing open for post-hearing briefs or other exhibits;
- arbitrator(s)’ authority to award attorney’s fees and costs;
- when and how to ask for attorney’s fees and costs;
- maintaining confidentiality;
- exhibits, transcripts and zoom recordings; and,
- when to request award of arbitrator’s fees and costs.
| |
|
Here are the latest published MEAC opinions, courtesy of ADR Section Chair Christy Foley, who also serves as the Florida Mediator Ethics Advisory Committee Chair.
MEAC 2023-003: The questioner asked if a mediator was allowed to advertise multiple services on their website (even though a mediator cannot provide multiple services during a mediation, such as being both a mediator and a notary). The questioner also asked if mediation services could be packaged with other services (e.g., clients could purchase both mediation services and life coaching services).
| |
|
|
MEAC said that multiple services can be advertised on the same website, but that mediation services may not be packaged with other services that aren’t directly related to the mediation. However, MEAC did say that services that are directly related to the mediation could be provided to clients (e.g., helping pro se parties with filing out FL Supreme Court approved forms).
MEAC 2023-004: The questioner asked: “When a mediator suspects a party is mentally incapacitated, can the mediator report that to the court? If so, does it get reported as a no-show, an impasse, etc.?” MEAC said that a mediator may not report a no-show if a party was physically present at mediation. A mediator can only report “agreement”, “no agreement”, or “partial agreement” to the court without comment or recommendation. If a party cannot exercise self-determination during a mediation, then the mediator has an ethical duty to terminate the mediation.
| |
Additional News and Notes | |
Leaders Represent the ADR Section in Tallahassee | |
|
Here are some nice photos of the ADR Section's Immediate Past Chair Kathy McLeroy, Chair-Elect Ana Cristina Maldonado, and Secretary Shari Elessar, who represented the section in Tallahassee last week for meetings, events, and networking. Executive Council member Kelly Overstreet Johnson (not pictured) was also part of the delegation.
Wednesday events included meetings with the ADR Section’s new Florida Bar Program Administrator, Ben Morris, and with Florida Courts Dispute Resolution Center staff members, including Chief of Alternative Dispute Resolution Tad David. Also, The Florida Bar's reception honoring the 2024 Florida Legislature, where they met Bar President Scott Westheimer, Board of Governors representatives, section leaders, legislators, and members of the judiciary. The ADR Section was among the voluntary bar groups that sponsored the event.
Thursday events included the annual pro bono service awards presentation at the Florida Supreme Court, followed by the Florida Supreme Court Historical Society’s A Supreme Evening, featuring former U.S. Attorney General Alberto R. Gonzales as the keynote speaker. Thank you to these exceptional section leaders for volunteering their time to represent us in Tallahassee!
| |
Call for Volunteer Arbitrators
The Florida Bar International Law Section is seeking volunteers to participate as arbitrators for the Richard DeWitt Memorial Vis Pre-Moot on Saturday, February 17, 2024. The Pre-Moot will host students from top law schools, both domestic and international, to present arguments before panels of volunteer arbitrators in preparation for the most recognized moot competition in the world, the Willem C. Vis Moot.
| |
|
|
Get details and volunteer here. Up to 7 hours of Florida CLE is available for all volunteers, and they may participate in person (preferred) or virtually (via Zoom). The Pre-Moot will be held at JAMS Resolution Center in Miami, 600 Brickell Ave., Suite 2600, Miami, Florida, the Saturday after the International Law Section's 2024 Flagship iLaw Conference. Volunteers may indicate their preference for morning or afternoon rounds (or both).
The Pre-Moot will begin at 8:15 AM and conclude at 6:30 PM. For more information, please contact Pedro Jedlicka (pjedlicka@jedca.law) and Carolina Goncalves (cgoncalves@duanemorris.com).
| | | | |
