Professional Mediation Institute

Size: px
Start display at page:

Download "Professional Mediation Institute"

Transcription

1 . Professional Mediation Institute Volume XII, March 2012 BREAKING THE IMPASSE The Unique Mediation Opportunity By Rodney A. Max* Mediation provides a unique opportunity for the parties as it relates to the opportunity of a negotiated resolution of their case. Typically, in a negotiation, one party gets to his/her/its goal, the other party gets to his/her/its goal, and rarely are those goals the same. If impasse occurs, litigation will commence, continue, or be completed. Absent facilitation, no one is encouraging getting back to re-evaluation or re-negotiation. Certainly someone can suggest continuing negotiation, but typically neither side wants to show the other such interest (it being perceived as a weakness in the negotiation process). Mediation, on the other hand, brings to the table that facilitation that is otherwise missing in a pure negotiation context. The neutral, while there to facilitate the negotiations, is also there as an advocate for the process. The mediator represents resolution similar to the responsibility of an attorney to represent his/her client. The mediator is going to work as hard for the process as the attorneys are going to work for their respective parties. In this regard, the mediator serves as both the vehicle and the opportunity for breaking impasse. The sooner the mediator is brought into the process, the better and more able the mediator is to assist the parties in getting to yes. The mediator can assist with the exchange of information, as well as the exchange of communications and the exchange of offers. The mediator can expedite information gathered, as well as filter communications. Therefore, breaking impasse becomes the mediator s responsibility from beginning to end. In the beginning, the mediator can assist parties in getting to the table through designing of the mediation process. This can include not only exchanges of information, but also the establishment of pre-mediation caucuses with one or more parties. Especially in multi-party, mass tort, and class action cases, design of the mediation is vital to the ultimate resolution. It also stabilizes the relationship of the parties in getting to the table. In a previous article entitled Designing The Mediation (republished in the March 2011 Mediation Institute newsletter, I elaborated on. Continued, Page 2.

2 Breaking the Impasse, from Page 1. the various design techniques that facilitate the parties in getting to the table. In this article, I am going to focus on breaking impasse as it relates to closing the deal. In complex cases (including mass torts and class actions), there are four aspects to the opportunity of breaking impasse in closing the deal. 1. CALLING ON THE LEADERSHIP It is not unusual in complex cases for each room to have a number of participants both lawyers and nonlawyers. Among the lawyers there may be in-house counsel, as well as, outside counsel; there may be referral attorneys, as well as, litigating attorneys. As for the parties there may be the Plaintiff, as well as Plaintiff s family (sometimes to include extended family). On the Defendant s side there may be corporate representatives, as well as, insurance coverage representatives. Among insurance representatives there may be primary carriers, as well as excess carriers. Speaking to a particular side involves a multitude of personalities, interests, and perhaps negotiating strategies. The ability to call on the leadership of each room is a matter of timing, as well as identification. Who is the right person to call on at that right time to meet with the right representative from the other side? Sometimes this requires more than one person from each side. In a case where two companies were suing one another (one on a promissory note and the other on fraud) each room had a combination of corporate representatives, in-house counsel and outside counsel. It was clear that the formal position of the parties would not and could not achieve resolution. (Each side was insisting on the flow of money going to them not from them). The ability to break impasse was the ability to bring the corporate representatives together to make a business decision as opposed to a litigation decision. This could not occur the first thing in the morning nor after opening session. In fact, it could not occur until both sides had frustrated their formal negotiating positions and reached a point where their negotiating strategy had, in essence, failed with neither party willing to cross the demarcation line of zero. The opportunity of bringing the corporate representatives into a room (with the agreement of their counsel both in-house and outside) was the key to the ultimate resolution. In a private session, the parties agreed to enter into a buy-sell arrangement of the outstanding minority shares which one party had of the other parties company. The note was forgiven and the claim for fraud was dismissed. The case was resolved. In a case where sixty-three property owners were being sued for wrongful death and personal injury of several workers, each room had a multitude of parties, party representatives, and/or attorneys. Prior to the mediation leaders from both rooms emerged among counsel so as to be able to look for direction from that counsel during various stages of the negotiation. By establishing this leadership prior to the mediation, the parties knew who the leadership was and the mediator knew who the go to persons were so that after a multiple day mediation, all claims of all parties were resolved against all Defendants. There are circumstances where insurance representatives may have conflicting interests with corporate representatives, or where insurance representatives have conflicting interests among themselves (especially where primary and excess carriers have different interests to protect). So too in a Plaintiff s room, there may be differing interests between the Plaintiff s referral attorney, the litigating attorney, and a guardian ad litem.. Continued, Page 3. 2

3 Florida Professional Mediation Institute Goes National and Changes to Meet Your Needs. FMI President Robert Dietz is pleased to announce the February 3, 2012, action of the FMI board of directors that will officially change the name of the Florida Mediation Institute to the Professional Mediation Institute. The name change is not window dressing as the focus of the Institute has become increasingly clear since it was founded in The Professional Mediation Institute will expand the educational curricula at the August 2012 program in Orlando. The 2012 program will present eight hours of continuing mediation education ( CME ) on Wednesday, August 22, 2012, and four additional hours of CME on Thursday, August 24, 2012! Registrants for the Professional Mediation Institute program are also welcome for two full days of exceptional continuing legal education on Monday, August 20, 2012, and Tuesday, August 21, 2012, at no additional charge. The name change and additional programming opportunities are notable in themselves. However, mediators will more likely notice the exceptional variety and depth of CME opportunities that are afforded by the expansion of the program and the participation of nationally recognized speakers. The Professional Mediation Institute will debut a new website this spring in anticipation of the 2012 educational program. Watch for future announcements about the Institute s progress. Breaking the Impasse, from Page 2. In each case, calling on leadership at the right time avoids divisiveness and gets direction where impasse may otherwise occur. Once that leadership is identified and can be brought together from the respective sides, separate or joint dialogue can occur to (1) rebuild trust, (2) define goals, and (3) find a new direction to the negotiation that is mutually acceptable. 2. COURT DIRECTION Court direction can be a vital tool whether suggested or actually implemented. Where parties have varying views as to what a judge, jury, or appellate court will do, the opportunity of testing it can be a means of breaking impasse. Such court opportunities exist with pre-trial conferences, summary judgments, and settlement conferences. They also exist in mock juries, focus groups or settlement juries. Where a court can give some direction without the parties disclosing the status of their actual negotiations, such direction can be very helpful. A summary judgment motion as it may relate to one or more issues may, likewise, be of great help. It is usually best to keep the judge away from the actual settlement between the parties; however, there may be times that the judge can assist in requiring all parties or persons with full settlement authority to be present - whether in subsequent settlement conference or in a court ordered remediation. While pre-trial conferences, summary judgments, and settlement conferences are well known, mock juries or focus groups and settlement juries may not. Mock juries and focus groups give the parties an opportunity to test the receptiveness of their position before assimilated jurors of similar backgrounds to that of the venue at issue. When such mock juries or focus groups produce conflicting results (Plaintiffs focus group shows results contrary to what the Defendants focus group may show resulting in impasse), a mediation focus group may be in order. Such a mediation focus group allows the mediator to facilitate assimilating a group of jurors and allows each party to make their own private presentation to said jury. Thereafter, the jury can render a decision and confidentially answer confidential questions posed by each side. Neither side will know the other s questions or the jury s answer to those questions. To the extent that a verdict is requested, it will be forthcoming and made known as agreed upon by the parties. Obviously, any such result is nonbinding and remains confidential as to the participants. The implementation of a court order or focus group may not be necessary. Merely the suggestion of the utilization of such direction may allow the parties to re-think their positions and provoke further dialogue and re-evaluation. 3 Continued, Page 4

4 Breaking the Impasse, from Page CONDITIONAL OFFERS Where negotiations are stalled either because the Plaintiffs are too high or the Defendants are too low, conditional offers can be a means of breaking impasse. Where Plaintiffs will not move below ten million dollars and the Defendants suggest the opportunity of negotiating is in six digits, conditional offers can free the parties from the cancer of relationship bargaining. Many times higher offers from Plaintiffs and lower counter-offers from Defendants are provoked because each side is looking at the relationship of their offer to that of the other side. Such relationship bargaining is not helpful to the mediation process. While the mediator will typically urge the parties to make negotiating moves, not in relationship to the other sides numbers, but in relationship to their own goals, often times the parties do not abide by such worthy suggestion, or cannot do so. It is in this circumstance that conditional offers play a role. Many times such conditional offers must await several rounds of negotiation. However, when the parties remain very far apart after two or three moves, or at an earlier stage, conditional offers may be called for. Conditional offers are also known as bracketing or framing of the negotiation. The beauty of the conditional offer is that where a Plaintiff will not go below ten million dollars because a Defendant has not gotten to a million dollars (or vice versa), a conditional offer can suggest that the Plaintiff will come below ten million dollars, if the Defendant will come to a certain level. Alternatively, a Defendant can indicate that it is willing to go to a certain level if, and only if, the Plaintiff comes below a certain level. While it is each sides intention to get the other side to accept the conditional offer or bracketing, the failure of such acceptance is not fatal. In fact, it can assist in jump starting the negotiations. That is to say that where the parties have been above ten million dollars and below one million dollars, a conditional offer from the Plaintiff can suggest some seven digit area that the Defendant may be able to accept or be willing to negotiate at a different or competing bracket. Once the brackets are identified, there is a means of negotiating between the brackets, typically called negotiating or narrowing the brackets. A number of offers or counter-offers involving bracketing can get the parties to yes in an expedited fashion. Bracketing opportunities can reinvigorate the process. 4. MEDIATOR S PROPOSAL Where the parties have gotten to the point that neither side will make any further movement, impasse occurs. In a negotiation, it s over. In a mediation, it s just begun. The mediator and the parties need to realize that the Mediator s Proposal may be the mediator s one silver bullet to assist the parties in resolving their case. Therefore, it must generally be used with a high level of discretion and at the end of the negotiating process in order to break the impasse. This proposal cannot be a proposal of any one party. Rather, it must be that of the mediator. The Mediator s Proposal is not a suggestion of what the judge, arbitrator or jury will do; rather it must be understood to be in the context of the mediation. That is to say, that the Mediator s Proposal is an effort to stretch both parties beyond that which they would otherwise move in a negotiated fashion, but not so far as to lose the opportunity of obtaining a resolution. In essence, it is a Mediator s Proposal and not a proposal of a judge, jury, or appellate court. The mediator must first determine that the parties are willing to accept the concept of a Mediator s Proposal. That concept works as follows: If the concept is accepted, the mediator will determine that number above and below which he/she thinks the parties will be willing to go. The number is published to both sides either separately or jointly (typically, it is done separately). The mediator then solicits two yeses or otherwise publishes two no s. The responses will be and will remain strictly confidential. The mediator will never disclose what a party individually says. The mediator will simply disclose two yeses or two no s. If the mediator confidentially hears a yes and a no, he/she will only publish 2 no s. The mediator will never disclose if any one party said yes. Sometimes the parties can make their response at the mediation itself. Sometimes the mediation must adjourn to give the parties an opportunity to re-evaluate their position in light of the proposal made. While sometimes the only issue is the number, there are occasions especially in complex cases - where other terms and conditions must be a part of this proposal. Accordingly, the mediator should include all. Continued, Page 5. 4

5 Breaking the Impasse, from Page 4. material terms as a part of the Mediator s Proposal. Such terms include nonmonetary remedies, as well as, monetary remedies. They include payment terms, releases, and dismissals. Some proposals can be quite brief; others may be quite elaborate. Some proposals may need to take stages, i.e. preliminary framework approval and thereafter, more specific details, terms and conditions. Once the Mediator s Proposal is established and communicated, the parties should be given a reasonable period of time for determining its acceptability and delivering their confidential response to the mediator. Considerations in this regard are as follows: (1) Should you allow the parties to leave the mediation session and have the opportunity to consult with other people? (Sometimes this can be very helpful; sometimes it can be very harmful.) (2) Do the parties need to seek advice of persons of higher authority whether individually, committees or boards? (3) Is it helpful to get away from the table, take a breather, and sleep on it. (Again, this can be both helpful and harmful depending on the circumstances and the people involved). Such reasonable time period, therefore, must be determined under the particular circumstances of the mediation. The Mediator s Proposal is the most unique aspect of a mediation that clearly separates the value of the mediation process from that of the negotiation process. The successfully executed Mediator s Proposal makes the difference in breaking impasse. The Professional Mediation Institute Board of Directors: Robert Dietz, Orlando Donna Doyle, Orlando Christine Harter, Ocala David Henry, Orlando Clem Hyland, Orlando Anne Marie Kim, Orlando Larry Langer, West Palm Beach David Langham, Pensacola Michael Orfinger, Daytona Beach Jake Schickel, Jacksonville Ross Stoddard, Dennison, Texas Stuart Suskin, Gainesville * Rodney Max has been selected and appointed for hundreds of mediations involving opt-outs in the Prudential national class action filed in the U.S. CONCLUSION District Court of New Jersey (Judge Alfred M. Parties call on the mediation process anticipating that a Wolin). He has been selected as the Compliance third person is necessary to help the parties do what they Officer in the implementation of the Aetna / HMO can not otherwise do. Mediation concepts such as national class action in the U.S. District Court of convening or designing the mediation, conducting opening Florida (Judge Moreno). He has been selected and sessions, and facilitating negotiations all have their own appointed to successfully mediate the largest class unique values. Breaking impasse is the most vital role a action in US history (Fresco v. USDC, SD FL - Judge mediator can be called on to achieve. The parties must be Martinez). Rodney has also served as mediator / arbitrator in a number of major cellular phone patient with both the mediator and the process so as to be industry cases (e.g. by Judge Graham, U.S. Southern able to look for such opportunities at the right time in the District Court). right way. Premature efforts to break impasse will result in Mr. Max has authored numerous articles on failure. Allowing the parties to define their own impasse mediation for professional journals and seminars, and then be prepared to do something about it is vital. and is a noted speaker on mediation throughout the Remember to establish the distinction between breaking country. Among the honors received on both a impasse of the process and breaking impasse of the professional and personal level are: Distinguished negotiations. The former should be considered at an earlier Fellow of American College of Civil Trial Mediators, stage, the latter should be considered at a later stage. Each Law and Politics' Super Lawyers of both Florida and Alabama for mediation and ADR, and the 1998 NCCJ case has its own timeline; and other than a general Brotherhood Award for Outstanding Community statement, no one rule can apply to all mediation Service. circumstances. The mediator s ability to break impasse of process or negotiations at the right time in the right way is the key to a successful mediation. 5

6 Keys to a Successful Mediation By Kenneth O. Simon* Mediations are funny things. Sometimes the parties scratch, claw, fight, attack, and hammer each other, and move at glacial speed. Other times they quietly proceed, dance a minuet, and reach agreement at warp speed. The funny thing is that mediation works in both situations. There are many reasons why mediations are successful in particular cases and unsuccessful in others. This article explores (a) some of the keys to successful mediations; (b) obstacles to expect along the way; and (c) methods of overcoming these obstacles. Things That Make Mediations Work Mediations work because the parties want them to work. Let me repeat: Mediations work because the parties want them to work. Here are some of the things that are important to the success of a mediation. 1. A Positive State of Mind. The parties should enter the mediation process with the idea that the case can be settled. If their attitudes are negative and expectations low, the mediation does not have much of a chance to succeed. 2. Good Faith. "Good faith" is an amorphous term that means different things to different people. What it essentially means is that the parties enter into the mediation process seriously, with adequate resources to resolve the case, and negotiate in a reasonable manner. 3. Adequate Authority. We all know that a mediation cannot work if persons with adequate authority to settle the case are not physically present at the mediation. Frequently, claims representatives appear at a mediation with authority to settle the case within a pre-set limit. Sometimes there is no claims representative or client present. In such cases those present at the mediation must either negotiate within the pre-determined limits or communicate by telephone with those with higher authority. This is an unsatisfactory situation. Persons who are not present at mediations can be very difficult to persuade. The "feel and flow of the mediation are missing and they tend to remain fixed in their positions. It can be difficult for those present at the mediation to communicate the intangible, especially when the person at the other end of the phone only wants to know, "What s changed since the mediation began?" Consequently, mediations under such conditions have a lower chance for success than mediations with all the necessary players present. Defendants are frustrated when the plaintiff fails to appear with sufficient authority. This situation can arise when multiple plaintiffs are involved but only one or two appear at the mediation. Plaintiffs then have exactly the same problem as defendants: persons present can settle only within pre-determined limits. Judges can address these problems by ordering the parties to appear with adequate settlement authority. It is important to decide exactly what it means to have "adequate authority" to settle a case. Most defendants interpret it to mean authority to settle within the defendant s evaluation of the case. Most plaintiffs interpret it to mean authority to settle within the plaintiff s last settlement demand. Although neither of these interpretations is satisfactory, frequently cases are settled in an amount beyond the claims representative s authority upon the representative and counsel s recommendations to someone with higher authority. 4. Flexibility. As anyone who has ever participated in a mediation knows, the negotiating environment can change quickly. New facts are brought to your attention, a different "spin" or emphasis is placed on known. Continued, Page 7. 6

7 What are Your State s CME Requirements? Certified Mediators in Florida must complete a minimum 16 hours of Continuing Mediator Education (CME) in each area of which they are certified including the following subrequirements: COUNTY or CIRCUIT: 4 hours of Mediator Ethics, 2 hours of Domestic Violence*, and 1 hour of Diversity/Cultural Awareness*. FAMILY or DEPENDENCY: 4 hours of Mediator Ethics, 4 hours of Domestic Violence*, and 1 hour of Diversity/Cultural Awareness*. *Does not have to be specific to mediation. 50% of hours must be in a live format (method 1 or 2 on the recording form) What Qualifies for CME Credit? For a program to qualify for CME in Florida, it shall have a significant intellectual or practical content and shall constitute an organized program of learning directly related to the practice of mediation. Courses on general mediation skills, mediator ethics, domestic violence, and diversity or cultural awareness will apply in all areas of certification (i.e., county, family, circuit civil, and dependency). Courses which are specific to one area of mediation (e.g., Mediation Skills for Family Mediators) may only be applicable in that area of mediation (e.g., family). CME courses are not pre-approved for credit by the Dispute Resolution Center. If the course meets the definition for CME, then it will qualify. Source: diatorfaqs.shtml#qr1 For your state s CME requirements, contact us! Keys, from Page 6. facts, or new legal arguments are raised. Any of these developments can change your perspective during a mediation. For that reason it is important to be flexible and to adjust your negotiating strategy accordingly. Parties who are inflexible can, oddly enough, still be successful but success is less likely. Parties who are most often successful are skilled at adjusting and "expecting the unexpected." 5. Patience. It is difficult to mediate when one or both sides is impatient. If they believe the situation is hopeless and want to walk out after one or two proposals are exchanged, they are selling the process short. Parties should recognize that a mediation is still a negotiation and neither side should be expected to collapse. Experience shows that even if the parties are far apart at the outset, that is not usually the end of the story. The story continues when the parties are patient and negotiate step-by-step. When the process is complete, the parties may discover to their surprise that they had evaluated the case in or near the same settlement range. If impatience prevails, however, they never get to make this discovery. 6. Realistic Expectations. Mediations get off to a rocky start when the parties have unrealistic evaluations of the case. If a party insists on a settlement value outside the range of similar verdicts and under similar legal conditions, such a party may be in for a rude awakening during the mediation. Both the mediator and the adversary will attempt to persuade the party that their evaluation is out of line. The lawyer s task is to manage the client s expectations concerning the value of their case. Some ineffective lawyers, however, unrealistically inflate their client s expectations and work the client into a frenzy. Obviously, it is impossible to settle a case under these conditions. 7. Preparation. On some occasions the expectations are unrealistic because the attorney has misevaluated the case. The misevaluation can occur for many reasons, such as a weak grasp of the facts or unpreparedness. Successful parties are usually well prepared parties. They know their case inside out and can present their positions effectively. 8. Willingness to Listen and Heed. Even well prepared parties need to be able to listen to other views, including the mediator s and other parties views. The worst mistake one can make is to put on blinders and not see the warning signs ahead. The mediation process is designed to provide the information one needs to negotiate on an informed basis. One must heed what one has heard and put their ego aside. Continued, Page 8. 7

8 Keys, from Page Adopt an Effective Negotiating Strategy. There are many ways to mediate a case. An important step in the process is to adopt an effective negotiating strategy. This requires an assessment of the likelihood of success at trial, a consideration of the forum and trial judge, the general litigation environment, the presence or absence of insurance coverage disputes, an awareness of the limits of insurance coverage, and many other factors. Such an analysis should result in a better understanding of the "big picture" and a detailed definition of the client s goals and objectives. 10. Utilize Effective Negotiating Tactics. Effective negotiating tactics are necessary to implement the strategy. Such tactics can include the following: (a) encouraging the other side to move by making bold moves without showing weakness; (b) putting on the brakes and signaling the other side that no further big moves will be made until there is some reciprocity; (c) "tit for tat" moves, in which one party moves in virtually the same amount as the other party (careful, this can also work against you); (d) being resolute and taking a hard line (without being abusive); (e) "pointing to a number" by signaling a probable settlement range or number; and (f) diffusing anger and emotion with expressions of remorse and apologies. 11. Avoid Ineffective Negotiating Tactics. It is equally important to avoid ineffective negotiating tactics such as the following: (a) threatening or insulting the other side; (b) overplaying one s hand by turning a position of strength into abusive conduct; (c) unreasonably high opening demands; (d) unreasonably low opening offers; (e) refusing to respond to a proposal and demanding that the other side bid against themselves; and (f) making the other lawyer "look bad" in front of the client. Things that Make Mediations Fail As you would expect, mediations fail when the conditions which make them work are absent. These conditions include: 1. A Negative State of Mind. 2. Bad Faith. 3. Inadequate Authority. 4. Inflexibility. 5. Unrealistic Expectations. 6. Unpreparedness. 7. Unwillingness to Listen or Heed. 8. Absence of an Effective Negotiating Strategy. 9. Ineffective Negotiating Tactics. Things the Mediator Can do to Break the Impasse A temporary impasse is to be expected during the mediation. There are as many ways to overcome an impasse as there are obstacles. The mediator can take a variety of steps to recapture lost momentum. Among these are the following: 1. Creativity. Use creative, unconventional "out-of-the-box" thinking to solve problems. 2. Narrow the Negotiating Range. Try to close large gaps by encouraging the parties to negotiate within a specific settlement range. 3. Encourage Bold Steps. Try to create momentum by encouraging the parties to move in large increments. 4. Encourage "Baby Steps" if Necessary. On some occasions, big steps are not a possibility. To avoid the loss of momentum, encourage "baby steps." 8 Continued, Page 9.

9 Keys, from Page Be Brutally Honest. The mediator is being paid to provide a "reality check." Brutal honesty may be required to bring a party back to the real world. However, there are times when it is counter-productive to push too hard. The mediator must recognize when the parties are under stress and give them the space that they need to function. 6. Listen to the Parties. Try to really hear what their position is and respond empathetically. 7. Suggest a Specific Settlement Amount. It may be desirable, if all else fails, to suggest a possible settlement number. This can be a relief to parties who cannot close the gap themselves. 8. Schedule Another Session. The parties sometimes need a chance to get more information, catch their breath, or regain their sense of balance. Rescheduling is a good option in these circumstances. The mediation should conclude with a game plan for further discussions. 9. Emphasize the Advantages of Settlement. The parties sometime need to focus on the primary objective, i.e., to resolve the litigation. By emphasizing the inherent uncertainty of litigation, and the advantages of a prompt resolution, the parties can regain their focus on the objective. 10. Get Derailed Mediations Back on Track. Some mediations get off track before they even begin. For example, miscommunication can occur between the attorneys regarding the amount of an outstanding settlement demand or concerning who should make the next move. The mediator must spend whatever time is necessary to get the parties to the starting gate. Conclusion Some Thoughts: It is better to be defeated on principle than to win on lies. Arthur Calwell You can easily judge the character of a man by how he treats those who can do nothing for him. James D. Miles Fortune knocks but once, but misfortune has much more patience. Unknown I think perfect objectivity is an unrealistic goal; fairness, however, is not. Michael Pollan Certainty is the mother of quiet and repose, and uncertainty the cause of variance and contentions. Edward Coke Mediations work because the parties want them to work. When the parties approach a mediation with adequate preparation and the right frame of mind, they dramatically increase the mediations chance for success. A smile is the best way to deal *Ken Simon has more than 30 years experience as a judge and litigator. He began his litigation career in Mobile, Alabama. In 1983, he was one of 13 with difficult situations. Even if people named as White House Fellow and served as a Special Assistant to it's a fake one. Used properly, Attorney General William French Smith. In that position, Mr. Simon worked you can fool anyone with them. for the Attorney General and directly with assistant attorneys general, Unknown bureau directors, and other senior Department of Justice officials. Later, as an Assistant Director and Branch Chief of the U.S. Securities and Exchange Commission s Division of Enforcement in Washington, D.C., Mr. Simon In every relationship, the supervised investigations of possible violations of the federal securities laws. person least interested in He has extensive experience in representing public agencies and their maintaining it is going to boards in contractual, litigation, employment, insurance, bond issuance, transactional, personnel law, and other matters. He also represents private dominate it, because they'll parties in their dealings with governmental commissions and agencies. Since never compromise. coming to Birmingham in 1989, Mr. Simon has served as a trial court judge Unknown in Jefferson County, the state s largest judicial district, and has developed a reputation as a skilled litigator, mediator/arbitrator, and advisor to public agencies. Mr. Simon has also contributed to the Birmingham community through service on the boards of numerous charitable organizations. 9

10 Tips for Dealing with Emotion in Mediation By: Eileen Barker* 1. Begin thinking about the emotional climate of a case early on, preferably during the pre-mediation phase. Sometimes it will be apparent. If not, inquire of the parties and/or attorneys. 2. When dealing with emotionally charged situations, safety and trust are critical. Give thought (in advance if possible) to what the parties and lawyers may need to establish a sense of safety and trust. 3. When appropriate, encourage direct emotional expression. ("In my experience talking about the feelings underlying the conflict can be very helpful.") Give the parties permission to "go there. 4. When emotions surface in mediation, normalize them. ("Its normal to feel grief in this situation"). 5. Learn to recognize emotional blocks when they arise in mediation, and how to facilitate constructive emotional expression. The parties will usually flag emotional issues for you, but they will often do so indirectly. 6. Distinguish between feelings and behavior. Inappropriate behavior can be addressed through ground rules, and should not be confused with responsible expression of strong emotion. 7. Stay with the heat. Allow each person to have his feelings straight out, without stifling or interfering with them. (Even an offer of support can be distracting.) When an opening presents itself, put your active listening and empathy skills in gear. Reflect back the emotional content and intensity. 8. Promote emotional literacy amongst parties and attorneys. Explain that acknowledging feelings can be a very important step in conflict resolution (and no, it is not therapy). 9. Give the parties options. "Are you comfortable discussing this in the joint session? Would you prefer to talk privately?" 10. Give the attorneys options. "It would be helpful for me to talk with your client about her underlying feelings. Are you okay with that? Would you prefer to take a break while I speak with her? 11. Be aware of your own internal response to strong emotions. Are you contracting or resisting? Are you judging? If so, can you set that aside and support the party? 12. Learn to embrace healthy emotional expression. Recognize that emotions tend to connect people in a very human way, and often hold the key to unlocking conflict at a profound level. *Eileen Barker's full-time mediation practice draws on over 25 years of experience in law and dispute resolution, and hundreds of hours of specialized training. Since 1991, Ms. Barker has successfully mediated hundreds of cases in a widerange of areas including commercial/business, employment, real estate, personal injury, insurance, probate, partnerships, and family/divorce. She has also served as an arbitrator, discovery referee and neutral evaluator in numerous matters. Ms. Barker has served on mediation panels and/or provided services for the following courts, private organizations and government agencies: United States District Court, Northern District, Court of Appeal, First Appellate District, San Francisco, Marin, Alameda, San Mateo, and Contra Costa County Courts, U.S. Coast Guard, U.S. Department of Homeland Security, California Department of Fair Employment and Housing, Kaiser Permanente, National Association of Securities Dealers, Northern California Mediation Center, 10

11 The DRC Publishes 21st Annual Compendium In August 2011, the Florida Dispute Resolution Center ( DRC ) published the 21st edition of the DRC s annual publication of Florida s Mediation & Arbitration Programs: A Compendium. The DRC return to this report comes following its absence between the winter of 2007 and August The DRC notes in the report foreword that scarce resources and personnel changes at the DRC contributed to the inability to publish the report in the intervening years. The Compendium is intended to serve as a user friendly resource for judges, court administrators, mediators, arbitrators, attorneys, educators and others who wish to learn more about Florida s court-related dispute resolution processes. According to the foreword of the report provides a panoramic view of the unique character of each of more than 100 mediation and arbitration programs across the state. The report notes that at the close of fiscal year 2011 ( ), there were just over six thousand (6,234) certified mediators in Florida. Some of those mediators hold multiple certifications. The total certifications held by these 6,234 mediators was 8,835. Of these, almost forty percent (39.6%) were Certified Circuit Mediators, thirty-one percent (31.1%) were Certified County Mediators, twenty-four percent (24.1%) were Certified Family Mediators, and approximately two and one half percent each were Certified Dependency Mediators (2.5%) and Certified Appellate Mediators (2.7%). The Dispute Resolution Center staffs four committees or boards that participate in the mediation certification and oversight functions. These include The Florida Supreme Court Committee on Alternative Dispute Resolution Rules & Policy, The Mediator Ethics Advisory Committee (MEAC), The Mediator Qualifications Board (MQB), and The Mediation Training Review Board (MTRB). The report notes that mediation programs established in state and executive branch agencies are not addressed in the Compendium. The Compendium traces the history of alternative dispute resolution (ADR) in Florida. The first program began operating in Dade County in The details of Florida s ADR development from those humble beginnings require about twelve pages of the Compendium and are interesting reading. This is particularly so for those who have observed the development of Florida ADR over the years. The Compendium documents a phenomenal success rate for county mediation referrals. Some categories of county referrals document 100% resolution rates in some counties. These cases include topics like auto repair, contract, property damage and landlord/tenant disputes. A casual review of the figures supports the conclusion that contract disputes are a large part of these ADR efforts. It is also apparent that mediator compensation is very low for these services, and that services are provided by volunteer mediators in a substantial portion of this process. Family mediation is another significant segment of Florida s ADR effort. The Compendium explains how litigant s income levels effect whether they will qualify for state subsidies. Essentially, those with combined family incomes in excess of $100,000 are referred to private mediators, while those with more than $50,000 but less than $100,000 incomes will pay $ per hour and those with combined incomes below $50,000 will pay $60.00 per hour in the family mediation programs operated in the twenty judicial circuits throughout Florida. 11

12 Compendium, from Page 11. It is apparent that many of the mediations in this market segment are directed at issues such as child support, equitable distribution and custody/visitation. The sheer volume of referrals to these mediation programs is apparent even upon cursory examination of the figures. The resolution rates are notable, and the impact on congested court calendars is readily apparent. Dependency mediation is provided in nineteen of the twenty Florida Circuits according to the Compendium. Notably, the issues subjected to mediation are not constrained, but may focus on any aspect of the particular case. Examples include child placement; custody; terms of a case plan; visitation; medical or therapeutic treatment; child support; independent living for teens; and long term foster care. The success rates for dependency referrals are likewise very high, illustrating clearly the value of mediation services in resolving the disputes that surround Florida s youth. The Compendium also documents the processes for Circuit Civil mediation programs. Notably, these cases are generally subject to private mediation, with either a certified or a non-certified mediator. The DRC notes that the limited role of court mediation programs in this population of cases presents a challenge to local courts in their attempt to accurately capture and report the number of referrals, mediations and cases resolved through circuit court mediation. The DRC elected not to include reporting of Circuit Civil statistics in the Compendium for this reason. The report notes that only the Fifth District Court of Appeal currently operates an appellate mediation program. Despite the pre-conception that appellate parties may be too invested in the dispute to achieve much through ADR, the report documents that in the Fifth DCA, 158 cases were ordered to mediation, and less than half of those reached no agreement. The report notes that with the certification program for appellate mediators, the DRC anticipates that other appellate courts may join the Fifth DCA and use the ADR process to attempt to alleviate appellate docket congestion. The details on all of these programs is published in the seventy-five page Compendium, and separated by county and by issue. The DRC reporting methodology is easy to read, and provides an excellent overview of the state of mediation in Florida. Of particular interest to some, the report provides details as to the compensation rate paid to the mediators engaged in these various aspects of Florida ADR. The report is available on the DRC website and is suggested reading for those involved in the Florida ADR process. See,http://www.flcourts.org/gen_public/adr/bin/09-10FYDRCCompendium.pdf Mediator Resources Professional Mediation Institute Mediate.com ADR Resources National Institute for Advanced Conflict Resolution rces.htm Mediation Resource Center Mediation Center 12

13 Does Reverse Psychology Work For Mediation? By: Larry Langer* There's an urban legend that the name Yahoo was derived from an abbreviation: "you always have other options." Mediation 101 entails educating the parties as to available options. Only by understanding the alternatives within the mediation context can the parties fairly assess the relative merits of a mediated outcome. In order to use this approach effectively, some parties need to be educated as to the ardors of trial beyond the obvious consumption of time and expense of litigation. In my area of practice, insurance carriers routinely employ various tactics for attacking the credibility of claimants including: surveillance, inconsistent prior statements to doctors or witnesses, admissions made in deposition, records of prior insurance claims, neighborhood complaints, and criminal background checks. For a plaintiff accused of deliberate misconduct, an allegation of fraudulent misconduct may not only jeopardize recovery on the claim, but in concert with statutory prohibitions it can pose a risk of criminal prosecution. For certain lay persons, it may be necessary to explain how a carrier's "deep pockets" can translate into adverse trial evidence. The party may need to recognize that for trial purposes impeachment bordering on character assassination is seen as fair game. When the party too readily dismisses a rational evaluation of alternatives, it may be due to overarching emotional or idiosyncratic factors. In order to defuse a party's fear of being manipulated, I emphasize self determination at the outset of a caucus. In an effort to make the party comfortable, I will explain that no party is required to settle and that both sides possess the absolute right to veto any unsatisfactory settlement. In my experience, there are some personality types who are by their nature "resisters." Somewhere in their lives they received positive reinforcement for refusing to compromise on solutions. With these individuals, I try reverse psychology, buttressing their own arguments for trial. When using this approach, one must maintain careful observation of that party's Economic Analysts Direct: E. Robinson St. Orlando, F Office: e-fax : We understand the interaction between law and economics beyond the numbers: We help your clients tell their story! Total E is a leading provider of expert economic and statistical analysis. Our team of researchers and Lead Economist consult on a wide range of matters arising in litigation, with a focus on the analysis of Economic Loss and Expert Testimony on Damages. With over fifteen years of experience our Lead Economist has provided litigation consulting services to attorneys.insurance companies, business and governmental agencies. We assist in discovery by uncovering key data, produce clear and credible reports and expert testimony. Attorneys and their clients have relied on our expertise in countless cases over the years. Why Total E? We meet our goals by: *Providing our clients with Exceptional Customer Service *Providing a high quality service at an Affordable Price *Identifying and Valuing Economic Losses according to Florida Statute. body language and demeanor searching for signals that this party has shifted his or her position to the point that he or she is now resisting impasse. Once that reversal is apparent, it can be reinforced with positive remarks. Employed judiciously, reverse psychology can help a party to more clearly assess mediated options. * Larry Langer was initially Board Certified in Workers Compensation August 1, 1988, and in Circuit Civil Mediation April 21, He earned his B.A. degree, cum laude, from the University of Pittsburgh in 1970 and his J.D.. Continued, Page

14 Reverse Psychology, from P. 12 degree from Duke University in Larry also trained at the National Institute of Trial Advocacy in 1974, and the Duke University Private Adjudication Center in He has worked at the Federal Trade Commission, as an Assistant County Attorney and in private practice. Larry twice served as a Judge of Compensation Claims in West Palm Beach. He was admitted to The Florida Bar in 1973 and The Georgia Bar in He has served the community as Chair of Palm Beach County Bar Association, Workers Compensation Practice Committee Larry served on The Florida Bar Workers Compensation Rules Committee He is a past lecturer for the Florida Academy of Trial Lawyers and Florida s Dispute Resolution Center at their 2005 Annual Conference. A Quick Primer on Problem Solving During a visit to a mental hospital, a visitor asked the director how to determine whether or not a patient should be institutionalized. Well, said the director, we fill up a bathtub, and then we offer a teaspoon, a teacup and a bucket to the patient, and ask him to empty the bathtub. Oh, I see, said the visitor. A normal person would use the bucket because it is bigger than the spoon or the teacup. No, said the director, a normal person would pull out the plug. Do you want the bed near the door or the window? What Skills and Attributes do Experienced Mediators Possess? According to a survey conducted by John Wade, Director of the Dispute Resolution Centre at Bond University, New South Wales, the following characteristics define experienced mediators: They are well prepared, in detail They use whiteboards and visuals They excel at reframing and summarizing issues They are confident enough to relax and let the process work They let the clients speak more than the lawyers They strive to sustain the joint meeting They emphasize their listening skills They are both Persistent and patient Professor Wade concludes: The majority... have clearly incorporated many features of classical, facilitative or problem solving (and even transformative) mediation. rticle%3d1068%26context%3dadr&sa=u&ei=toy6t7shaoa2twez4ctfcg&ved=0cbaqfja A&usg=AFQjCNGV3_rje1eEucJAEQoCYvSAkYnnOA MEDIATE FIRST, INC. Providing Full Service Dispute Resolution Services Mediate First, Inc. Main Office 200 E. Robinson Street, Suite 700 Orlando, FL Brevard Office 1329 Bedford Drive STE. 1 Melbourne, FL PHONE: (407) FAX: (407) From Dave Barry, 25 Things I Have Learned in 50 Years A penny saved is worthless. You should not confuse your career with your life. No matter what happens, somebody will find a way to take it too seriously. 14

15 Professional Mediation Institute Wednesday August 22, 2011 Mediation Program: 8:00-8:30 REGISTRATION AND CONTINENTAL BREAKFAST 8:30-8:40 WELCOME AND INTRODUCTIONS 8:40-9:30 GENERAL SESSION KEYNOTE PROGRAM, Navigating the Mediation Minefield: What's an Ethical Mediator to Do (Or Not Do)? A Discussion of the Rules, Statutes, Case Law and Standards of Conduct Which Influence Our Mediation Practices and Procedures. Charles Castagna, Attorney and Mediator, Clearwater, Florida Bruce Blitman, Attorney and Mediator, Ft. Lauderdale, Florida Donna Doyle, Attorney and Mediator, Orlando, Florida Mediator ethics may be the last topic any of us want to study, but the unique and neutral role of the modern mediator is rife with challenges that are waiting to ambush even the most conscientious and ethical mediator. This panel brings to the subject almost 100 years of legal practice, and perspectives of the litigator, the corporate counsel, and the mediator. Panels of this breadth and depth are rare and exceptional. Come discuss those thorny issues and your perspectives with an incomparable panel of experts. This session is one hour of ethics credit. 9:40 10:30 BREAKOUT SESSION ONE, SELECT FROM THE FOLLOWING: Truth Be Told Really? Minimizing Mediator Misunderstandings. Robin Caral Shaw, Attorney and Mediator, Boca Raton, Florida Ross W. Stoddard, III, Attorney-Mediator (civil & probate), Los Colinas, Texas Larry Langer, Attorney and Mediator, West Palm Beach, Florida There's little we do in life that doesn't include self-interest, and mediation is no exception! All mediation participants -- parties, attorneys, and mediators -- have an agenda, a checklist of things they're willing or unwilling to accept at the outset. The mediator's challenge is to smoke out agendas in play, make the mediation environment "safe" for participants to move from rigidity to malleability, and encourage them to give up the games and work within ethical boundaries. Our panel will look at MEAC opinions, share their own experiences, and encourage the audience to reveal anecdotes involving unethical mediation situations to help clarify the line between legitimate negotiation and egregious ethical violations. This session is one credit hour of ethics. 15

16 Internet and Online Mediations: The Bold New Frontier. James A. Edwards, Attorney and Mediator, Orlando, Florida The internet has revolutionized the retail sales industry, the entertainment industry, the music industry, the communication industry and numerous other broad categories of life. Can mediation be far behind? Jim Edwards will explore the use of the internet and online services for mediations and discuss the issues that will be raised by this technological advancement as well as the redefined role of the mediator. This session is one credit hour of general. MEDIATOR MARKETING. Charles Castagna, Attorney and Mediator, Clearwater, Florida This presentation will include a review, analysis and discussion of the relevant Florida Rules for Certified and Court Appointed Mediators and Mediator Ethics Advisory Committee (MEAC) Opinions dealing with mediator advertising and will incorporate a discussion of practical tips and suggestions of how to differentiate yourself as a mediator in a very crowded and competitive field. This session is one credit hour of general. APPLYING DALE CARNEGIE PRINCIPLES TO MEDIATION. DR. BEVERLY PENNACHINI, Dale Carnegie of Central Florida, Orlando, Florida Stuart Suskin, Attorney and Mediator, Gainesville, Florida AnnaMarie Kim, Attorney and Mediator, Orlando, Florida Do you want to learn new techniques that dramatically improve your mediation skills without going to a number of mediation seminars and reading a ton of mediation books? We think the answer is with the Dale Carnegie approach to human dynamics. In this breakout you will learn some proven techniques to improve your skills from an expert trainer in the Dale Carnegie program, supported by real life war stories from two state mediators that regularly utilize these techniques. So, join us to learn how Dale Carnegie can help you create and achieve breakthrough goals in conflict resolution, motivate others by going outside-the-box, and help you become a better, more persuasive communicator, problem-solver and mediator. This session is one credit hour of general. 10:40-11:30 BREAKOUT SESSION TWO, SELECT FROM THE FOLLOWING What s Right, What s Wrong, and What s Ethical Clem Hyland, Attorney and Mediator, Orlando, Florida Michael Orfinger, Attorney and Mediator, Daytona Beach, Florida Christine Harter, Attorney and Mediator, Ocala, Florida This segment will consist of a discussion on ethics in mediation scenarios and include interaction between the panel members and the audience. The panel will refer to the appropriate rules for certified and court appointed mediators, as well as appropriate MEAC advisory opinions. This session is one credit hour of ethics. Internet and Online Mediations: The Bold New Frontier. James A. Edwards, Attorney and Mediator, Orlando, Florida Repeat of Program presented at 9:40 a.m. This session is one credit hour of general. 16

17 HOW TO BUILD YOUR MEDIATION PRACTICE. Thomas Glick, Attorney and Mediator, Miami, Florida How often have you heard the expression So many of my colleagues have told me that if I started mediating they would use me, yet my phone isn t ringing. Or, I did such a great job successfully mediating the dispute for those parties yet neither side has called me since. Is there a conspiracy. Probably not. Are you being blackballed? Probably not. Is there a magical formula for building a successful mediation practice? Probably not. However, there are practical steps that can be taken. This session will explore those steps. As we explore, we will review ethical boundaries that cannot be crossed including the do s and don ts of marketing. Lastly, we will make time for questions and answers. This session is one credit hour of general. THE USE OF MEDICARE SET-ASIDES IN MEDIATION Geoff Hudson, CEO Axiom, Tampa, Florida Rafael Gonzalez, Director of Medicare Compliance, Gould & Lamb, Bradenton, Florida AnnaMarie Kim, Attorney and Mediator, Orlando, Florida When considering settlement of a workers compensation or liability claim, an assessment of the plaintiff/claimant s Medicare status is necessary and may cause challenges to a successful settlement. The parties need to ascertain whether the Plaintiff or claimant is 1) a current Medicare beneficiary or 2) has a reasonable expectation of becoming Medicare eligible within 30 months of settlement. Once the claimant is determined to fall into one of these two categories, it is imperative that many issues are addressed prior to finalizing any settlement. This session is one credit hour of general. 11:40-12:30 Great Moments in History and the Mediation Techniques Required to Accomplish the Outcome. Robert Dietz, Attorney and Mediator, Orlando, Florida Lunch Speaker Robert Dietz will deliver another fast paced Prezi presentation highlighting the mediation lessons learned from some of the great negotiations and moments in history that resulted from the application of mediation truths. Robert will also test your knowledge of history and contemplate the outcome if the mediation techniques had not been properly applied, and how it will help you settle your next case! This session is one credit hour of general. 12:40 1:30 BREAKOUT SESSION THREE, SELECT FROM THE FOLLOWING: DOMESTIC VIOLENCE, AND THE THREAT TO MEDIATION INTEGRITY Haley Cutler, Manager of Professional and Community Education, Women in Distress of Broward County, Inc., Ft. Lauderdale, Florida The presence or history of domestic violence may compromise the integrity of the mediation process. Domestic violence can also pose a serious safety risk for mediation participants and mediators. Mediators can and do play an important role in promoting safety during the mediation process. Mediators will leave this training session with a greater understanding of the dynamics of domestic violence, and the impact of domestic violence on the mediation process. There will also be a discussion of considerations and tools that mediators can use to promote safety during mediations involving parties with domestic violence issues. This session is two hours of domestic violence credit. 17

18 Pulling Back the Curtain: the Carrier Perspective on Mediation. Moderator: William Pipkin, Attorney, Mobile, Alabama Panel: Patty Caldwell, AIC, PCA, Strategic Outcomes Practice, Tampa, Floria Mike Mattox, General Counsel, Armed Forces Ins. Co., Leavenworth, Kansas Donna Urbanski, Vice President of Claims, Discover Re, Farmington, Connecticut The representative for the insurance carrier either shows up from out of town for mediation or attends from a distance by telephone. What factors push the carrier to decide to engage in mediation? How does a carrier decide upon settlement authority? Once settlement authority is decided upon, may it be increased and, if so, how? What is the relationship between defense counsel and the carrier when it comes to mediation? What are the administrative factors which must be considered by the carrier? Who will participate on behalf of the carrier and is personal attendance an issue? Is there a court order which defines the carrier s role and obligations for participating in mediation? Are there ethical issues which must be considered? Are there coverage issues which influence the carrier s position? What settlement terms are important to the carrier? How do carriers view issues involving liens and third parties such as Medicare and medical providers? Indemnification and subrogation issues involving third party tort-feasors often present issues important to the carrier. These are issues which are seldom discussed but which have a significant impact upon the mediation process. Hear from experienced claims executives about the factors which influence the carrier s perspectives and positions regarding mediation. This session is one credit hour of general. APPLYING DALE CARNEGIE PRINCIPLES TO MEDIATION. DR. BEVERLY PENNACHINI, Dale Carnegie of Central Florida, Orlando, Florida Stuart Suskin, Attorney and Mediator, Gainesville, Florida AnnaMarie Kim, Attorney and Mediator, Orlando, Florida Repeat of Program presented at 9:40 a.m. This session is one credit hour of general. DRAFTING THE EFFECTIVE MEDIATION AGREEMENT. Hon. John Lazzara, Judge and Mediator, Tallahassee, Florida Hon. Jon Ohlman, Judge and Mediator, Ocala, Florida The battle is sometimes only half won when the parties reach a compromise at mediation. The mediation report and memorandum of agreement may be the only writing upon which a Judge may rely should the matter later proceed to an action to enforce the agreement. Has a contract been formed? Is the contract complete? Is the contract binding? These two Judges are also certified mediators, with significant experience in conducting mediations, preparing agreements, and with experience seeing agreements being litigated in hearings. This is a unique opportunity to hear the rest of the story. This session is one credit hour of general. 1:40 2:30 BREAKOUT SESSION FOUR, SELECT FROM THE FOLLOWING: DOMESTIC VIOLENCE, AND THE THREAT TO MEDIATION INTEGRITY. Haley Cutler, Manager of Professional and Community Education, Women In Distress of Broward County, Inc., Ft. Lauderdale, Florida Continuation of Break out Session Three Domestic Violence program (second hour) of two hour domestic violence credit. 18

19 MEDICARE SET-ASIDES IN MEDIATION. Geoff Hudson, CEO Axiom, Tampa, Florida Rafael Gonzalez, Director of Medicare Compliance, Gould & Lamb, Bradenton, Florida AnnaMarie Kim, Attorney and Mediator, Orlando, Florida Repeat of Program presented at 10:40 a.m. This session is one credit hour of general. Casting Light on the Dark Art of Mediation Advanced Lessons in Mediating the Commercial Case. David Henry, Attorney and Mediator, Orlando, Florida Mediating the commercial case presents challenging and rewarding opportunities for a mediator. This seminar will focus on the three aspects of commercial mediation. First, the added importance of consultation and communication between the parties, attorneys and mediators prior to the formal mediation session. Here we identify some of the practical and philosophical impediments to resolution of a commercial case at mediation including problems before and during the opening session, the necessity of key decision-makers or the interests of non-parties in the deal. Second, we discuss the importance of identifying the emotional component of the case for the participants and the need to move beyond the strengths and weaknesses of the lawsuit to the larger interests which may include consideration of the parties role in the marketplace, adverse publicity, shareholder value, and a myriad of non-economic or indirect interests that are impacted by the litigation. Third, we will stress the important role mediators play in moving the attorneys beyond their role as litigators to help the client identify the underlying interests that may lead to creative settlement perhaps not previously considered by the parties in creating agreements that will serve the parties well in the future. This session is one credit hour of general. Truth Be Told Really? Minimizing Mediator Misunderstandings. Robin Caral Shaw, Attorney and Mediator, Boca Raton, Florida Ross W. Stoddard, III, Attorney-Mediator (civil & probate), Los Colinas, Texas Larry Langer, Attorney and Mediator, West Palm Beach, Florida Repeat of Program presented at 9:40 a.m. This session is one credit hour of ethics.. 2:40 3:30 BREAKOUT SESSION FIVE, SELECT FROM THE FOLLOWING: DIVERSITY Diana Santa Maria, Attorney, Ft. Lauderdale, Florida Markel Arrizabalaga, Attorney, Miami, Florida David Drezser, Attorney, Miami, Florida Technology has made the world smaller. We live in a multi-lingual and multi-cultural society where cultural differences dramatically impact how people view the world, think and even receive messages. Sometimes it is more than just the words spoken, but rather how they are spoken or communicated. One size simply does not fit all circumstances any longer. Prepare to widen your perceptions of how people from different cultures and backgrounds see, hear and comprehend your mediation messages and body language differently. This session is one credit hour of diversity. 19

20 Pulling Back the Curtain: the Carrier s Perspective on Mediation. William Pipkin, Attorney, Mobile, Alabama Panel: Patty Caldwell, AIC, PCA, Strategic Outcomes Practice, Tampa, Florida Mike Mattox, General Counsel, Armed Forces Ins. Co., Leavenworth, Kansas Donna Urbanski, Vice President of Claims, Discover Re, Farmington, Connecticut Repeat of Program presented at 12:40 p.m. This session is one credit hour of general. MEDIATOR MARKETING. Charles Castagna, Attorney and Mediator, Clearwater, Florida Repeat of Program presented at 9:40 a.m. This session is one credit hour of general. DRAFTING THE EFFECTIVE MEDIATION AGREEMENT. Hon. John Lazzara, Judge and Mediator, Tallahassee, Florida Hon. Jon Ohlman, Judge and Mediator, Ocala, Florida Repeat of Program presented at 12:40 p.m. This session is one credit hour of general. 3:40 4:30 BREAKOUT SESSION SIX, SELECT FROM THE FOLLOWING: MEDIATOR ETHICS. Kahlil Day, Attorney and Mediator, Jacksonville, Florida Jake Schickel, Attorney and Mediator, Jacksonville, Florida What is a MEAC? What is a MQB? Florida mediators find themselves confronted with a variety of ethical issues in their daily lives, which may be governed by MEAC or MQB. The MEAC is not the Mid Eastern Athletic Conference! It is the Mediator Ethics Advisory Committee, which is part of the Florida Dispute Resolution Center. The MEAC is a nine member panel that issues advisory ethics opinions for mediators subject to the Florida Rules for Certified and Court-Appointed Mediators in response to ethical questions arising from the Standards of Professional Conduct. Subjects will include the selection of MEAC members, and MEAC opinions on subjects including Conflict of Interest, Good Moral Character, and Advertising opinions. The MQB is the Mediator Qualifications Board. This body conducts fact-finding and investigates the allegations contained in a complaint against a mediator and the mediator's response. The investigator reports the results of such investigation to the complaint committee. This session is one credit hours of ethics. Casting Light on the Dark Art of Mediation Advanced Lessons in Mediating The Commercial Case. David Henry, Attorney and Mediator, Orlando, Florida Repeat of Program presented at 2:25 p.m. This session is one credit hour of general. HOW TO BUILD YOUR MEDIATION PRACTICE Thomas Glick, Attorney and Mediator, Miami, Florida Repeat of Program presented at 2:40 p.m. This session is one credit hour of general. 20

A Mediation Primer for the Plaintiff s Attorney

A Mediation Primer for the Plaintiff s Attorney By: Bruce Brusavich A Mediation Primer for the Plaintiff s Attorney Making your case stand out to the other side, and what to do when they ask you to dance. Make the Defense Ask to Mediate Obtaining a

More information

Winning at Mediation

Winning at Mediation Winning at Mediation. Patricia A. Siuta Mediator, Arbitrator President, Training & Consulting Division Henning Mediation & Arbitration Service, Inc. 3350 Riverwood Parkway, Lobby Suite 75, Atlanta, Georgia

More information

58 th UIA CONGRESS Florence / Italy October 29 November 2, 2014 FAMILY LAW COMMISSSION. Family Law Mediation and the Role of Today s Family Lawyer

58 th UIA CONGRESS Florence / Italy October 29 November 2, 2014 FAMILY LAW COMMISSSION. Family Law Mediation and the Role of Today s Family Lawyer 58 th UIA CONGRESS Florence / Italy October 29 November 2, 2014 FAMILY LAW COMMISSSION Friday, October 31, 2014 Family Law Mediation and the Role of Today s Family Lawyer Family Mediation in Florida Donna

More information

- 2 - Your appeal will follow these steps:

- 2 - Your appeal will follow these steps: QUESTIONS AND ANSWERS ABOUT YOUR APPEAL AND YOUR LAWYER A Guide Prepared by the Office of the Appellate Defender 1. WHO IS MY LAWYER? Your lawyer s name is on the notice that came with this guide. The

More information

Settlement. conference; Tips for Judges

Settlement. conference; Tips for Judges Settlement Conference Tips for Judges (with a Form and a List of Things Lawyers Should NOT Do) Hon. Morton Denlow Most cases eventually settle. The guidance offered by the judge at the settlement conference

More information

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the

More information

A Practical Guide to. Hiring a LAWYER

A Practical Guide to. Hiring a LAWYER A Practical Guide to Hiring a LAWYER A PRACTIAL GUIDE TO HIRING A LAWYER I. Introduction 3 II. When do you Need a Lawyer? 3 III. How to Find a Lawyer 4 A. Referrals 4 B. Lawyer Referral Service 5 C. Unauthorized

More information

KENNETH O. SIMON. Partner. Kenneth O. Simon Page 1. Contact Information: Kenneth O. Simon kosimon@csattorneys.com Phone: (205)250 6622

KENNETH O. SIMON. Partner. Kenneth O. Simon Page 1. Contact Information: Kenneth O. Simon kosimon@csattorneys.com Phone: (205)250 6622 Contact Information: Kenneth O. Simon kosimon@csattorneys.com Phone: (205)250 6622 KENNETH O. SIMON Partner Ken Simon has more than 30 years experience as a judge and litigator. After law school graduation

More information

MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys

MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys As defense attorneys, we often focus most of our efforts on assembling the most crucial facts and the strongest

More information

Winning the Mediation: A Trial Lawyer's Guide

Winning the Mediation: A Trial Lawyer's Guide Winning the Mediation: A Trial Lawyer's Guide Article Contributed by: Allen B. Grodsky, Grodsky & Olecki LLP Lawyers often market themselves as great trial lawyers, even going so far as to promote their

More information

Consumer Legal Guide. Your Guide to Hiring a Lawyer

Consumer Legal Guide. Your Guide to Hiring a Lawyer Consumer Legal Guide Your Guide to Hiring a Lawyer How do you find a lawyer? Finding the right lawyer for you and your case is an important personal decision. Frequently people looking for a lawyer ask

More information

MEDIATOR/ARBITRATOR RESUME Brad Lundeen

MEDIATOR/ARBITRATOR RESUME Brad Lundeen MEDIATOR/ARBITRATOR RESUME Brad Lundeen I am an experienced attorney, mediator, and arbitrator. My abilities to listen, understand, and offer creative solutions make me an effective problem-solver. People

More information

Guidelines for Guardians ad Litem for Children in Family Court

Guidelines for Guardians ad Litem for Children in Family Court Guidelines for Guardians ad Litem for Children in Family Court Preamble The following are guidelines for attorneys and non-lawyer volunteers appointed as guardians ad litem for children in most family

More information

B R e s t o R i n g C o n f i d e n C e

B R e s t o R i n g C o n f i d e n C e B u i l d i n g B C Options for Resolving Residential Construction Disputes R e s t o r i n g C o n f i d e n c e Canadian Cataloguing in Publication Data Main entry under title: Options for resolving

More information

Breakout on Advanced Mediation Techniques (Day 1) Presented by the Professional Mediation Institute

Breakout on Advanced Mediation Techniques (Day 1) Presented by the Professional Mediation Institute Breakout on Advanced Mediation Techniques (Day 1) Presented by the Professional Mediation Institute (Pre-Registration is required. Refer to Registration Form on page 12.) 8:00 9:00 am Continental Breakfast

More information

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address? SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court

More information

If you have been sued as a defendant in a civil case...keep reading.

If you have been sued as a defendant in a civil case...keep reading. If you have been sued as a defendant in a civil case...keep reading. Court procedures can be complex. This brochure was developed to help Ohioans who are considering representing themselves in court. It

More information

Mandatory Arbitration

Mandatory Arbitration Mandatory Arbitration The Alternative To Trial By Christopher M. Davis, Attorney at Law 206-727-4000 Phone: 206-727-4000 Fax: 206-727-4001 info@injurytriallawyer.com Copyright 2007 by Christopher Michael

More information

Winning The Settlement Keys to Negotiation Strategy

Winning The Settlement Keys to Negotiation Strategy ABA Section of Litigation Corporate Counsel CLE Seminar, February 11-14, 2010 Winning The Settlement Keys to Negotiation Strategy Winning The Settlement Keys to Negotiation Strategy Thomas A. Dye Carlton

More information

FARAH & FARAH RULES OF LAW

FARAH & FARAH RULES OF LAW RULES OF LAW Injury Case Roadmap: The Legal Process for Personal Injury Cases BY EDDIE E. FARAH & CHARLIE E. FARAH, ATTORNEYS AT LAW ...insurance companies more and more are being run by bean counters,...

More information

2. Five years post-graduate degree experience with child custody issues that may include evaluations, therapy, and mediation.

2. Five years post-graduate degree experience with child custody issues that may include evaluations, therapy, and mediation. I. Role of the Special Master The Special Master is a quasi-judicial role where an expert is given legal authority to make prompt recommendations in high conflict, crisis situations to the court and to

More information

The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014

The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question

More information

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective by Lawrence R. DeMarcay, III Presented to the Offshore Marine Services Association / Loyola College of Law Industry Seminar

More information

An Oral Deposition. Texas Litigation

An Oral Deposition. Texas Litigation An Oral Deposition in Texas Litigation Prepared by: Jim L. García Attorney at Law Cersonsky, Rosen & García, P.C. 1770 St. James Place, Suite 150 Houston, Texas 77056 Telephone: (713) 600-8500/Fax: (713)

More information

Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax

Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Experience Kenneth B. Walton is a Founding Partner

More information

Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax

Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Experience Kenneth B. Walton is a Founding Partner of the Boston-based

More information

INSTRUCTIONS FOR FILING YOUR MODIFICATION OF CHILD SUPPORT

INSTRUCTIONS FOR FILING YOUR MODIFICATION OF CHILD SUPPORT INSTRUCTIONS FOR FILING YOUR MODIFICATION OF CHILD SUPPORT A modification of child support is allowed if the parties can show a change in income or financial status. If the parties agreed on child support

More information

In January 2009, Judge Smith became board certified as a Family Law Trial Advocate by the National Board of Trial Advocacy.

In January 2009, Judge Smith became board certified as a Family Law Trial Advocate by the National Board of Trial Advocacy. JUDGE PHILIP SMITH 4th Circuit Court Room 607 I. BRIEF BIOGRAPHY Judge Philip E. Smith graduated from the University of Tennessee College of Law in May of 1988. In October of 1988, Judge Smith went to

More information

REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT

REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT I. INTRODUCTION Business is rife with conflict. To succeed, a business owner must be adept at resolving these disputes quickly and efficiently.

More information

It s important to understand the process and react properly when it occurs.

It s important to understand the process and react properly when it occurs. Doctor, You ve Been Sued! It s important to understand the process and react properly when it occurs. By Howard S. Rosenbaum, DPM Malpractice suits are terrifying events for most podiatric physicians.

More information

RESUMÉ BOYD S. LEMON. Nature of Practice

RESUMÉ BOYD S. LEMON. Nature of Practice RESUMÉ BOYD S. LEMON Attorney and member of the California Bar since 1966; member, Bar of the United States Supreme Court, various United States Courts of Appeals, United States District Courts and United

More information

Inquiry Concerning A Florida Lawyer

Inquiry Concerning A Florida Lawyer Inquiry Concerning A Florida Lawyer This pamphlet provides general information relating to the purpose and procedures of the Florida lawyer discipline system. It should be read carefully and completely

More information

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman

More information

PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS

PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS INTRODUCTION This booklet has been prepared to help parents gain a better understanding of what to expect in Juvenile Court CHIPS proceedings (Chapter 48

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

MEDIATION, AND SOME TIPS FOR GETTING THE BEST OUT OF IT

MEDIATION, AND SOME TIPS FOR GETTING THE BEST OUT OF IT MEDIATION, AND SOME TIPS FOR GETTING THE BEST OUT OF IT By Rosemary Jackson QC, Barrister and Mediator Keating Chambers Why mediation? After more than 25 years as a barrister specialising in construction

More information

The What to Expect Series FINRA s Dispute Resolution Process 1

The What to Expect Series FINRA s Dispute Resolution Process 1 FINRA s Dispute Resolution Process 1 What to Expect: FINRA s Dispute Resolution Process It is rare for most firms to find themselves in a dispute with a customer, an employee, or another firm that escalates

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

William Lacy Hoge, III

William Lacy Hoge, III William Lacy Hoge, III Attorney at Law 200 South 7 th Street Legal Arts Building, Suite 506 Louisville, Kentucky 40202 E-mail: BillHoge@usa.net Website: www.divorceinkentucky.com Fax: (502) 583-1223 Phone:

More information

The purpose of this article, the third in a series on my website, is intended to help sort out Minnesota

The purpose of this article, the third in a series on my website, is intended to help sort out Minnesota Proceeding with a divorce action is no different than other major life decisions that start with contemplation information gathering and an understanding of the process involved. Family members friends

More information

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SUE OR NOT TO SUE? HOW TO FILE A SMALL CLAIMS CASE WHERE TO FILE FILING FEE NOTICE TO THE DEFENDANT COUNTERCLAIMS PREPARING FOR TRIAL

More information

Hijacked by Ulterior Motives:

Hijacked by Ulterior Motives: Hijacked by Ulterior Motives: The Manipulation of the Mandatory Mediation Process in Ontario By: Bruce Ally B.A., M.A., PhD., OCPM., & Leah Barclay B.A. Adv. The use of mediation as a method of conflict

More information

MINIMIZING THE FINANCIAL AND EMOTIONAL PAIN OF DIVORCE

MINIMIZING THE FINANCIAL AND EMOTIONAL PAIN OF DIVORCE MINIMIZING THE FINANCIAL AND EMOTIONAL PAIN OF DIVORCE By: David M. Wildstein, Esq. 1 A divorce proceeding can be emotionally and financially draining to the parties. The emotional components conjure up

More information

How Do People Settle Disputes? How a Civil Trial Works in California

How Do People Settle Disputes? How a Civil Trial Works in California Article brought to you by the Administrative Office of the California Courts and California Council for the Social Studies in partnership for Civic Education How Do People Settle Disputes? How a Civil

More information

Family Law Dispute Resolution Options

Family Law Dispute Resolution Options Family Law Dispute Resolution Options If you are presented with a divorce or other family law matter which requires a resolution, there are a number of procedural models which may be used. The most commonly

More information

The trademark lawyer as brand manager

The trademark lawyer as brand manager The trademark lawyer as brand manager This text first appeared in the IAM magazine supplement Brands in the Boardroom 2005 May 2005 For further information please visit www.iam-magazine.com Feature The

More information

Case Management and Cost Control for Commercial Arbitration R. Wayne Thorpe, JAMS 1 JAMS Neutral Email: wthorpe@jamasdr.com Ph: 404-588-0900

Case Management and Cost Control for Commercial Arbitration R. Wayne Thorpe, JAMS 1 JAMS Neutral Email: wthorpe@jamasdr.com Ph: 404-588-0900 Case Management and Cost Control for Commercial Arbitration R. Wayne Thorpe, JAMS 1 JAMS Neutral Email: wthorpe@jamasdr.com Ph: 404-588-0900 I. Introduction. Arbitration has successfully provided a forum

More information

Joseph P. McMonigle, Partner. Summary of Qualifications

Joseph P. McMonigle, Partner. Summary of Qualifications 465 California Street, Fifth Floor San Francisco, CA 94104 Main: (415) 397-2222 Direct: (415) 438-4534 jmcmonigle@longlevit.com Summary of Qualifications Joe McMonigle is honored by membership in the four

More information

HOW TO FIND, INTERVIEW AND HIRE A PERSONAL INJURY OR WRONGFUL DEATH LAWYER- Nine Questions Every Client Needs to Ask (and the answers they need to

HOW TO FIND, INTERVIEW AND HIRE A PERSONAL INJURY OR WRONGFUL DEATH LAWYER- Nine Questions Every Client Needs to Ask (and the answers they need to HOW TO FIND, INTERVIEW AND HIRE A PERSONAL INJURY OR WRONGFUL DEATH LAWYER- Nine Questions Every Client Needs to Ask (and the answers they need to hear!) Introduction The "perfect" personal injury and

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES 1. Description. The Superior Court of California, County of Orange (Court), offers a voluntary civil mediation program for

More information

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic

More information

CIVIL TRIAL RULES. of the COURTS OF ORANGE COUNTY, TEXAS. Table of Contents GENERAL MATTERS. Rule 1.10 Time Standards for the Disposition of Cases...

CIVIL TRIAL RULES. of the COURTS OF ORANGE COUNTY, TEXAS. Table of Contents GENERAL MATTERS. Rule 1.10 Time Standards for the Disposition of Cases... CIVIL TRIAL RULES of the COURTS OF ORANGE COUNTY, TEXAS Table of Contents GENERAL MATTERS Addendum to Local Rules Rule 1.10 Time Standards for the Disposition of Cases...2 Rule 1.11 Annual Calendar...3

More information

Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case

Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case Here are 9 questions you should ask EVERY lawyer you interview to represent you in a personal

More information

INTRODUCTION DO YOU NEED A LAWYER?

INTRODUCTION DO YOU NEED A LAWYER? INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way

More information

Collaborative Law Participation Agreement

Collaborative Law Participation Agreement Form 15-3 Form 15-3 This form is written for a divorce case but may be reworded as appropriate for any other family law situation. Purpose [Name of wife] and [name of husband] (the parties ) have chosen

More information

The NH Court System excerpts taken from http://www.courts.state.nh.us/press/030608guide.pdf

The NH Court System excerpts taken from http://www.courts.state.nh.us/press/030608guide.pdf The NH Court System excerpts taken from http://www.courts.state.nh.us/press/030608guide.pdf NH court system: The modern trial and appellate court system in New Hampshire took shape in 1901, when the legislature

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 10/11/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ED AGUILAR, Plaintiff and Respondent, v. B238853 (Los Angeles County

More information

DEPOSITION LETTER. Dear Client:

DEPOSITION LETTER. Dear Client: DEPOSITION LETTER Dear Client: The attorney for the defendant has requested your deposition as part of the discovery which you must provide in your lawsuit. A deposition is the defense attorneys' opportunity

More information

GUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT

GUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT NEW YORK STATE SUPREME COURT APPELLATE DIVISION, FOURTH DEPARTMENT HONORABLE HENRY J. SCUDDER PRESIDING JUSTICE GUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT PREFACE The Departmental Advisory

More information

In March, 2012, Judge Robinson was appointed to fill the Third Circuit Court vacancy.

In March, 2012, Judge Robinson was appointed to fill the Third Circuit Court vacancy. JUDGE PHILLIP ROBINSON 3rd Circuit Court Room 611 I. BRIEF BIOGRAPHY Judge Phillip Robinson is a lifelong Nashvillian having graduated from Montgomery Bell Academy in 1968, the University of Tennessee

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Best Practice Newsletter Volume 1, Issue 2

Best Practice Newsletter Volume 1, Issue 2 Best Practice Newsletter Volume 1, Issue 2 Page 2 The Uniform Mediation Act Do We Need It? Do We Want It? Page 3 Ten Suggestions For The Advocate Mediating The Complex Case By George Fitzsimmons Page 6

More information

You and Your Lawyer. Public Legal Education and Information Service of New Brunswick

You and Your Lawyer. Public Legal Education and Information Service of New Brunswick You and Your Lawyer Public Legal Education and Information Service of New Brunswick Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit charitable organization. Its

More information

Chapter 4 Legal Ethics

Chapter 4 Legal Ethics Chapter 4 Legal Ethics Yes. You read that right legal ethics. Har de har. Go ahead. Get it out of your system. How about this one? Why do scientists prefer using lawyers over lab rats? There are some things

More information

Role Preparation. Preparing for a Mock Trial

Role Preparation. Preparing for a Mock Trial Civil Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1-5 Time Chart 6 Etiquette 7-8 Role Preparation for: Plaintiff and Defendant Lawyers 9-12 Judge 13 Jury 13

More information

CIRCUIT JUDGE OLIN W. SHINHOLSER COURTROOM GUIDELINES-CRIMINAL

CIRCUIT JUDGE OLIN W. SHINHOLSER COURTROOM GUIDELINES-CRIMINAL CIRCUIT JUDGE OLIN W. SHINHOLSER COURTROOM GUIDELINES-CRIMINAL THE REQUIREMENTS STATED IN THESE RULES ARE MINIMAL, NOT ALL INCLUSIVE; AND THEY ARE INTENDED TO EMPHASIZE AND SUPPLEMENT, NOT SUPPLANT OR

More information

the court determines at a non-jury hearing that the award is not in the best interest of the child. The burden of proof at a hearing under this

the court determines at a non-jury hearing that the award is not in the best interest of the child. The burden of proof at a hearing under this MEDIATION Texas Family Code 6.602. MEDIATION PROCEDURES. (a) On the written agreement of the parties or on the court's own motion, the court may refer a suit for dissolution of a marriage to mediation.

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

What to Expect In Your Lawsuit

What to Expect In Your Lawsuit What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.

More information

IMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com

IMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com IMPROVING SETTLEMENT SAVVY Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com In these difficult economic times, parties may be looking to reduce litigation costs and risk

More information

The San Francisco Attorney Fee Dispute Program: Attorney Fee Disputes In a Volatile and Uncertain Economy

The San Francisco Attorney Fee Dispute Program: Attorney Fee Disputes In a Volatile and Uncertain Economy The San Francisco Attorney Fee Dispute Program: Attorney Fee Disputes In a Volatile and Uncertain Economy Golden Gate Law School San Francisco, CA March 19, 2009 Noon-1pm (Lunch Buffet) 1pm-5pm (CLE Program)

More information

PATRICK NICHOLS ASSOCIATES IN DISPUTE RESOLUTION, LLC 5200 BOB BILLINGS PARKWAY LAWRENCE, KS, 66049

PATRICK NICHOLS ASSOCIATES IN DISPUTE RESOLUTION, LLC 5200 BOB BILLINGS PARKWAY LAWRENCE, KS, 66049 MEDIIATOR' ''SS RESSUME PATRICK NICHOLS ASSOCIATES IN DISPUTE RESOLUTION, LLC 5200 BOB BILLINGS PARKWAY LAWRENCE, KS, 66049 PHONE: 1.785.865.3700 FAX: 1.785.865.1331 BY EMAIL: adr@sunflower.com Patrick

More information

CARL E. FORSBERG PRACTICE EMPHASIS AND EXPERIENCE EDUCATION BAR / COURT ADMISSIONS HONORS / AWARDS / UNIQUE RECOGNITION.

CARL E. FORSBERG PRACTICE EMPHASIS AND EXPERIENCE EDUCATION BAR / COURT ADMISSIONS HONORS / AWARDS / UNIQUE RECOGNITION. CARL E. FORSBERG Shareholder Main Phone: 206.689.8500 Direct Line: 206.689.8552 Email: cforsberg@forsberg-umlauf.com PRACTICE EMPHASIS AND EXPERIENCE Insurance Coverage and Analysis Environmental Coverage

More information

This information is provided by the

This information is provided by the Almost everything individuals do such as making a purchase, starting a business, driving a car, getting married or writing a will is affected by laws. This pamphlet is intended to help you decide when

More information

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013.

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. TOYOTA ASSOCIATE DISPUTE RESOLUTION ( T-ADR ): Summary Description

More information

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405.

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405. CHAPTER 13 Arbitration 13.010 APPLICATION OF CHAPTER (1) This UTCR chapter applies to arbitration under ORS 36.400 to 36.425 and Acts amendatory thereof but, except as therein provided, does not apply

More information

The two sides disagree on how much money, if any, could have been awarded if Plaintiffs, on behalf of the class, were to prevail at trial.

The two sides disagree on how much money, if any, could have been awarded if Plaintiffs, on behalf of the class, were to prevail at trial. SUPERIOR COURT OF THE COUNTY OF LOS ANGELES If you are a subscriber of Kaiser Foundation Health Plan, Inc. and you, or your dependent, have been diagnosed with an autism spectrum disorder, you could receive

More information

A Guide for Larimer County Parents

A Guide for Larimer County Parents Services Child Protection A Guide for Larimer County Parents This booklet was prepared by the Program Committee of the Larimer County Child Advocacy Center in consultation with the Larimer County Department

More information

Thank you for your consideration.

Thank you for your consideration. I would first like to extend to you my appreciation for considering Reed & Reed for your mediation requirements. In attempting to resolve your dispute through mediation you have taken a major step in the

More information

A Guide for Childhood Sexual Abuse Survivors

A Guide for Childhood Sexual Abuse Survivors You are not alone. It was not your fault. You have courage. You have choices. You have power. We re here to help. A Guide for Childhood Sexual Abuse Survivors Breaking the silence. Raising Awareness. Fighting

More information

Limiting Product Liability

Limiting Product Liability Limiting Product Liability and Addressing Mass Tort Litigation Craig Blau Shareholder and Chair, Product Liability Department Anderson Kill & Olick PC INSIDE THE MINDS As a product liability attorney,

More information

LEGAL WORK EXPERIENCE Associate Attorney, April 1989-1994 Zelda J. Hawk, Attorney at Law, Gainesville, Florida

LEGAL WORK EXPERIENCE Associate Attorney, April 1989-1994 Zelda J. Hawk, Attorney at Law, Gainesville, Florida ROBIN K. DAVIS, ESQ. Legal Skills Professor University of Florida Levin College of Law P.O. Box 117626 Gainesville, FL 32611-7626 (352) 273-0807 (Phone) (352-392-0414 (Fax) davisr@law.ufl.edu LEGAL EDUCATION,

More information

NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 *

NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * 7-801. Short title. This chapter shall be known as the "New York city false claims act." 7-802. Definitions. For purposes of this

More information

Office of Lawyers Professional Responsibility

Office of Lawyers Professional Responsibility Office of Lawyers Professional Responsibility Complaints and Investigations Office of Lawyers Professional Responsibility 1500 Landmark Towers 345 St. Peter Street St. Paul, MN 55102-1218 (651) 296-3952

More information

JUROR S MANUAL (Prepared by the State Bar of Michigan)

JUROR S MANUAL (Prepared by the State Bar of Michigan) JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,

More information

Contemporary Ethical and Legal Challenges in Mental Health. University of South Alabama Mobile, Alabama March 11, 2016

Contemporary Ethical and Legal Challenges in Mental Health. University of South Alabama Mobile, Alabama March 11, 2016 Contemporary Ethical and Legal Challenges in Mental Health University of South Alabama Mobile, Alabama March 11, 2016 Meet the Presenter Theodore P. Remley Jr. JD, PhD, NCC, LPC, LMFT Contemporary Ethical

More information

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO

More information

A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I.

A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. Finding the Case: For the general practitioner of law, most personal injury claims come

More information

IRS Administrative Appeals Process Procedures

IRS Administrative Appeals Process Procedures IRS Administrative Appeals Process Procedures Charles P. Rettig Avoiding litigation is often the best choice for a client. The Administrative Appeals process can make it happen. Charles P. Rettig, a partner

More information

DATE ENGAGEMENT LETTER

DATE ENGAGEMENT LETTER DATE CLIENT Via Hand Delivery RE: ENGAGEMENT LETTER Dear CLIENT: 1. REPRESENTATION: This document confirms our representation of you in your domestic law case. Our legal representation will relate to all

More information

MAXIMIZING STRIKES FOR CAUSE IN CRIMINAL CASES BY ROBERT R. SWAFFORD

MAXIMIZING STRIKES FOR CAUSE IN CRIMINAL CASES BY ROBERT R. SWAFFORD Maximizing Strikes for Cause MAXIMIZING STRIKES FOR CAUSE IN CRIMINAL CASES BY ROBERT R. SWAFFORD I. INTRODUCTION This paper will introduce an approach to jury selection that is radically different from

More information

Learning The Art Of Negotiation. Pennsylvania Bar Institute Summer 2014

Learning The Art Of Negotiation. Pennsylvania Bar Institute Summer 2014 Learning The Art Of Negotiation Pennsylvania Bar Institute Summer 2014 Scott B. Cooper, Esquire SCHMIDT KRAMER P.C. scooper@schmidtkramer.com 717-888-8888 or 717-232-6300 (t) 717-232-6467 (f) 209 State

More information

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit California employers facing their first employment lawsuit can be in for a rude awakening. Such lawsuits are a harsh introduction to

More information

SECURING AND ENHANCING INSURANCE COMPANY INVOLVEMENT IN THE MEDIATION OF CONSTRUCTION CLAIMS. Lawrence M. Watson, Jr.

SECURING AND ENHANCING INSURANCE COMPANY INVOLVEMENT IN THE MEDIATION OF CONSTRUCTION CLAIMS. Lawrence M. Watson, Jr. SECURING AND ENHANCING INSURANCE COMPANY INVOLVEMENT IN THE MEDIATION OF CONSTRUCTION CLAIMS Lawrence M. Watson, Jr. INTRODUCTION Without question, active and engaged involvement by relevant insurance

More information

BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS

BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS The following Local Rules replace the current local rules, Part 5, Section

More information

Free Legal Consumer Guide Series www.southernmarylandlaw.com

Free Legal Consumer Guide Series www.southernmarylandlaw.com Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 How To Handle A Traffic Ticket HOW TO USE THIS GUIDE If you read this guide, you will discover what you need

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

PART 3 CIVIL DISTRICT COURT RULES (Revised) APROVED BY THE TEXAS SUPREME COURT IN MAY 2002

PART 3 CIVIL DISTRICT COURT RULES (Revised) APROVED BY THE TEXAS SUPREME COURT IN MAY 2002 PART 3 CIVIL DISTRICT COURT RULES (Revised) APROVED BY THE TEXAS SUPREME COURT IN MAY 2002 1. Introduction Every trial and pretrial hearing in civil district court is scheduled on one of the following

More information