1 Serving mediation since 1988 Serving mediation since 1988 Annual Mediation & ADR Seminar A A program program for for trial trial attorneys, attorneys, mediators, mediators, neutrals neutrals and and litigation litigation managers managers November 5, 2010 Sonesta Hotel Orlando Downtown 60 South Ivanhoe Blvd Orlando FL Presented Presented by by Florida Association FloridaDefense Defense Lawyers Lawyers Association (www.fdla.org) (www.fdla.org) Florida Mediators FloridaAcademy Academy of of Professional Professional Mediators (www.tfapm.org) (www.tfapm.org) CLER CLER (including (including ethics) ethics) requested requested from from The The Florida Florida Bar Bar Florida Florida CME CME Credit Credit This course is eligible for up to 8.0 CME This course is eligible for up to 8.0 CME hours. hours. For For more more information information on on the CME requirement, visit select Alternative the CME requirement, visit select Alternative Dispute Dispute Resolution/Mediation. Resolution/Mediation.
2 FDLA & FAPM Annual Mediation & ADR Seminar CONFERENCE SCHEDULE FRIDAY, November 5, :00 8:00 am 8:05 8:15 am 8:15 8:45 am 8:45 9:35 am 9:35 9:45 am 9:50 10:50 am 10:50 11:50 am 11:50 am 1:00 pm 1:00 1:50 pm 1:55 2:45 pm Registration/Continental Breakfast For Attendees Sponsored by WestlawNext Introductory Remarks from Program Co-Chairs David Henry, FDLA ADR Committee Chair Gary Feder, President, FAPM The Future of ADR in Florida Keynote Speaker: Mayanne Downs President of The Florida Bar Sponsored by Mediate First Advanced Mediation Training - Enlightening Evaluative Mediation Practice Donald C. Peters University of Florida Mid-Morning Break with Refreshments Sponsored by Hyland Mediation LLC Ringler Associates Winning Strategies for Plaintiff s Counsel at Mediation and Winning Strategies for Defense Counsel at Mediation Panelists: Clem Hyland Hyland Mediation LLC Orlando FL Greg Miles Mediate First Inc Orlando FL Juliet M. Roulhac Juliet M. Roulhac Miami FL Building a Successful Civil ADR Practice Mark Powers Atticus, Inc Mt. Dora FL Buffet Lunch (included with registration) Luncheon Speaker: Albert Orosa Regional VP, American Arbitration Association Sponsored by Henry / Potter Civil Mediation Upchurch Watson White & Max The Boundaries of Deception in Mediation Robin Caral Shaw Boca Raton FL Amy Wolsky Boca Raton FL It s Crazier than You Think: Mediation Case Law Update Michael Orfinger Upchurch Watson White & Max Daytona Beach FL
3 FDLA & FAPM Annual Mediation & ADR Seminar CONFERENCE SCHEDULE Mid-Afternoon Break with Refreshments 2:45 3:00 pm Sponsored by Thaxton Barclay Group Successfully Resolving Business Litigation 3:00 3:50 pm David Henry Henry / Potter Civil Mediation Orlando FL Rick Joyce Central Florida Mediators Howey In The Hills FL He Said What? Mediation Ethics Panel Discussion 3:50 4:40 pm Alan B. Bookman Emmanuel Sheppard & Condon PA Pensacola FL Meah Tell Meah Rothman Tell PA Coral Springs FL Donald C. Peters University of Florida 4:40 4:45 pm Closing Remarks from the Program Chairs 4:45 5:15 pm FDLA ADR Committee Meeting FAPM Committee Meetings CONFERENCE SPONSORS HENRY / POTTER CIVIL MEDIATION Henry / Potter Civil Mediation David W. Henry William C. Potter LLC Henry / PotterHyland Civil Mediation Mediation Mediation, HylandFeder Mediation, LLC Clement L. Hyland Ringler Associates Umpire & Neutral Services Jax Mediation Center Hyland Mediation LLC Thaxton Barclay Group Florida Supreme Court Certified Circuit Mediator Wachovia Tower, 20 N. Orange Avenue, Suite 1309, Orlando, FL Cell Fax Mediate First Inc Ringler Associates Thaxton Barclay Group Feder Mediation, Umpire & Neutral Services The Presentation Group The Presentation Group Upchurch Watson White & Max WestlawNext Jax Mediation Center Upchurch Watson White & Max THANK YOU! Mediate First Inc. WestlawNext
4 FDLA & FAPM Annual Mediation & ADR Seminar CONFERENCE SPEAKERS Keynote Speaker: Mayanne Downs, President of The Florida Bar MAYANNE DOWNS currently serves as President of The Florida Bar. She graduated with highest honors from the University of Florida College of Law, where she held two senior editorial positions on the University of Florida Law Review, and served as Chancellor of the Student Honor Court. She is a member of Order of the Coif, the University of Florida Hall of Fame, and Florida Blue Key. Ms. Downs is a past president of the Orange County Bar Association, the Central Florida Association for Women Lawyers, and The Legal Aid Society of the Orange County Bar Association. She was nominated to the Fifth District Court of Appeal in She serves as City Attorney to The City of Orlando, having been appointed by Mayor Buddy Dyer in She is also a partner in the firm of King, Blackwell, Downs & Zehnder, and devotes a significant portion of her time to complex commercial litigation, high net worth dissolution cases, and appellate matters. Ms. Downs has been selected as a part of Florida Trend s Legal Elite, Best Lawyers in America, Super Lawyers, and has an AV rating from Martindale-Hubbell. Ms. Downs was born in Orlando, Florida and has two children, Barry & Savannah. Luncheon Speaker: Albert Orosa, Regional VP, American Arbitration Association ALBERT J. OROSA is a Vice President for the Commercial Division of the American Arbitration Association. In this capacity he is responsible for managing all client relations, business development, and the recruitment, training and development of a select roster of neutrals in a territory encompassing Florida, Georgia, Alabama, Puerto Rico and the U.S. Virgin Islands. Immediately prior to joining the American Arbitration Association, Mr. Orosa spent several years in the public sector as an Executive Director of a federally funded social services agency and the Vice Consul (Commercial) and Senior Trade Officer for Florida and the Caribbean in the British Governments Consulate in Miami. Mr. Orosa has an extensive background in international business development and operational management experience in the U. S., Latin America and Europe. In addition to extensive management training, Mr. Orosa holds a Baccalaureate in Political Science and a Master s in Business Administration from Florida International University. Alan B. Bookman ALAN BOOKMAN began his law career with the U.S. Army s Judge Advocates General Corp. (JAG), where he served in a variety of legal capacities, including Senior Defense Counsel and Chief of Military Justice. Upon his departure from the military he joined Emmanuel, Sheppard, & Condon. For more than 30 years Mr. Bookman has focused his practice in the areas of Commercial and Real Estate Law where he has successfully established a presence in the business community. Among his primary clients are real estate developers, bankers and investors. Mr. Bookman has devoted many years of service to the Florida Bar and the legal profession. He was the 57 th President of the Florida Bar serving in and remains an active member today. Gary N. Feder GARY FEDER is the Program Co-chair and principal of Feder Mediation, Umpire & Neutral Services. He is the President of Florida Academy of Professional Mediators, Inc., and a past officer and director of the Association of South Florida Mediators & Arbitrators, Inc. Mr. Feder is a member of the Florida Supreme Court Mediator Qualifications Board, and an approved Appellate Mediator for Florida's Fifth DCA. He has been a practicing Certified Public Accountant, primarily as GARY N. FEDER, CPA, P.A., for over 30 years, providing dispute resolution services for more than 19 years, and is a Florida Supreme Court Certified Circuit, Family, Dependency and County Court Mediator. Mr. Feder has a varied mediation practice including, but not limited to, foreclosures, association disputes and extensive experience with mass catastrophe property loss insurance claims. He earned both his BBA and MS in Accounting from the University of Miami. David Henry DAVID HENRY is the Program Co-chair and principal in Henry / Potter Civil Mediation. He is a certified civil mediator and a litigation partner at Swartz Campbell, LLC in Orlando. Mr. Henry is also the chair of the FDLA ADR Committee. His mediation and litigation practice involves business and professional liability, catastrophic personal injury claims, D&O and insurance disputes. He is an insurance educator and a nationally recognized convention speaker for state and national insurance and bar organizations on topics such as mediation, ethics and liability insurance. Mr. Henry has guest lectured at the University of Florida and at the Lloyd s Training Institute in London. He is a graduate of Emory University and the University of Florida College of Law. Clem Hyland CLEMENT L. HYLAND is a Florida Supreme Court certified circuit court mediator, a certified mediator for the U.S. District Court for the Middle District of Florida, a Florida Supreme Court qualified arbitrator and the owner of Hyland Mediation, LLC, (www.hylandmediation.com), in Orlando. Prior to becoming a full time mediator and arbitrator, he represented individuals (Morgan & Morgan), and corporations and insurance companies (Zimmerman, Kiser and Sutcliffe) in cases involving personal injury and labor and employment matters in state, federal and appellate courts for more than 33 years. Mr. Hyland earned his B.A. degree from St. Lawrence University, J.D. degree from DePaul University and LL.M. degree from George Washington University Rick Joyce RICK JOYCE is an attorney and President of Central Florida Mediators. Rick has mediated hundreds of commercial disputes throughout Central Florida and also serves as an Adjunct Professor of Negotiation at the Crummer Graduate School at Rollins College where he was recently named the EAMBA Professor of the Year. Rick s unique approach to the ADR process stems from the years he spent as CEO of the Dixon Ticonderoga Company. He has served on the Lake County Economic Development Advisory Council Board and is a Former Chairman of the Metro Orlando International Affairs Commission. He is a graduate of the University of Delaware and the St. Louis University School of Law.
5 FDLA & FAPM Annual Mediation & ADR Seminar CONFERENCE SPEAKERS Gregory Miles GREGORY MILES is a Florida Supreme Court Certified County and Circuit Civil Mediator; a District Court of Appeal, State of Florida, Fifth District, Certified Appellate Mediator; and a United Stated District Court, Middle District of Florida, Certified Mediator. Mr. Miles is A-V rated by Martindale-Hubbell and has been a Florida Bar Board Certified Civil Trial Lawyer since He has also been Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. He has both litigated and tried cases in a number of venues throughout the State Of Florida and in the Federal Court system. Mr. Miles has also argued before the Fifth District Court of Appeal, State of Florida and the Eleventh Circuit Court of Appeals of the United States. In addition, he has represented numerous individuals in mediation, arbitration and summary trial proceedings, both in the state and federal courts. Mr. Miles earned his B.A. from Wofford College and a J.D. from the Cumberland School of Law at Samford University. Michael Orfinger MICHAEL S. ORFINGER is a principal shareholder of Upchurch Watson White & Max Mediation Group. He has practiced law in Central Florida since 1989, focusing exclusively on alternative dispute resolution since Mr. Orfinger s practice includes mediation of contract disputes, business torts, probate litigation, real estate litigation, eminent domain, employment law and insurance disputes. In addition to being a Florida Supreme Court Certified Circuit Civil Mediator, he is approved as a civil mediator by the Fifth District Court of Appeal. Mr. Orfinger is also a Qualified Florida Arbitrator and a Fellow of the Academy of Court Appointed Masters. Donald C. Peters DON PETERS is a Professor of Law Emeritus, and the Director Emeritus of the Institute for Dispute Resolution at the University of Florida, Levin College of Law, where he founded the Virgil Hawkins Civil and County Mediation Clinics. Mr. Peters is a Florida Supreme Court certified family, county and circuit court mediator, who has taught and consulted about ADR topics in Australia, Brazil, Costa Rica, Ghana, Malaysia, Poland and other areas around the world. He has co-authored two books and published several articles analyzing various aspects of dispute resolution theory and practice. Mr. Peters has also served as a visiting faculty members at the Universities of Alabama, Colorado, Elon and Iowa, as well as Monash University in Melbourne, Australia. Mark Powers MARK POWERS, President of Atticus, has been coaching attorneys for over twenty years. He is the founder and developer of the first personalized training program dedicated to teaching attorneys the lasting skills and habits necessary for practice development. Mark is a national speaker who has worked with members of the American Bar Association and bar associations in Arizona, Florida, Massachusetts, Mississippi, New York and other states. He coauthored Time Management for Attorneys and How Good Attorneys Become Great Rainmakers. A nationally recognized expert in the field, Mark has also been featured in publications such as Lawyers Weekly USA, Money Magazine, American Bar Association Journal, Florida Bar News, and Massachusetts Bar Association Lawyers Journal. Juliet M. Roulhac JULIET MURPHY ROULHAC is a Complex Litigation and Appellate Lawyer in the Office of the General Counsel at Florida Power & Light Company. She has litigated and tried a variety of complex matters in many state jurisdictions and also handles appeals of those matters. Ms. Roulhac earned both her Bachelor of Arts and Juris Doctor degrees from the University of Florida. She is admitted to the Florida Bar and the United States District Courts for the Southern and Middle Districts of Florida. She is a Certified Arbitrator and previously served as a Lemon Law Arbitrator for the Attorney General. Ms. Roulhac has achieved Martindale-Hubbell's highest AV rating as determined by her peers. She is also very involved in many Bar and community activities. In 2007, she was elected to serve on the statewide Florida Bar Board of Governors and previously served as the President of the Young Lawyers Division. Robin Caral Shaw ROBIN CARAL SHAW was born and raised in New York City and earned her J.D. from Fordham Law School in After practicing law in Washington, D.C., she joined PPG Industries, then a Fortune 100 Company, where she was Counsel to the Art Acquisition Committee and Counsel to the Fiberglass Division. In 1998, Ms. Shaw established her practice in Boca Raton, FL, focusing on drafting and negotiating commercial transactions, entertainment law and low conflict domestic relations. She is a Past President of the Association of South Florida Mediators and Arbitrators, a current Director of the Florida Academy of Professional Mediators, and a Certified Circuit Civil and Family Mediator and Mediation Trainer, dedicating a substantial portion of time to practicing, teaching, and advocating alternative dispute resolution. Meah Tell MEAH ROTHMAN TELL, ESQ. is a member of the Florida Supreme Court ADR Rules and Policy Committee and the Florida Supreme Court Mediation Training Review Board. She is the President-Elect of the Florida Academy of Professional Mediators and a Past President of the Association of South Florida Mediators and Arbitrators. Meah Rothman Tell taught mediation as an Adjunct Professor at Nova Southeastern University for three years and is a bilingual mediator for Mediation, Inc. in Fort Lauderdale. Ms. Tell has a J.D./MBA from Columbia University and an LL.M. in Taxation from the University of Miami, and has been a Florida Supreme Court Certified Family, Circuit Civil and County Court Mediator for more than 20 years. Amy Wolsky AMY WOLSKY is an attorney practicing in Boca Raton, Florida. She is a Supreme Court Certified Mediator in Circuit Civil, Family, and County Court. In addition, she is a Certified Assistant Trainer and qualified Arbitrator. Ms. Wolsky is the former co-chair and founding member of the South Palm Beach County ADR committee. She has lectured statewide for the Dispute Resolution Center, the 19th Circuit, the Broward County Association of Mediators, and the Palm Beach County and South Palm Beach County Bars. Ms. Wolsky has served as a trainer for the Mediation Training Group, and is known for her entertaining and informative presentations. Currently she is busy as a Certified Foreclosure Mediator.
6 Thank you to THE PRESENTATION GROUP for onsite signage and placards Brochure Sponsors: JAX MEDIATION CENTER FEDER MEDIATION, UMPIRE & NEUTRAL SERVICES PROGRAM STEERING COMMITTEE FDLA David W. Henry, Chair Swartz Campbell LLC SunTrust Center 250 S. Orange Ave, P-100 (Park Building) Orlando, FL Phone: (407) Fax: (407) Camille E. Blanton McIntosh, Sawran, Peltz & Cartaya, P.A Forum Place, Suite 1110 West Palm Beach, FL Phone: (561) Fax: (561) Carey N. Bos Bos and Associates 723 E. Colonial Dr, Ste 400 Orlando, FL Phone: (407) Fax: (407) Deborah P. FitzGerald Walton, Lantaff, Schroeder & Carson LLP 110 East Broward Blvd., Suite 2000 Fort Lauderdale, FL Phone: (954) Fax: (954) Wendy Vomacka Rumberger Kirk & Caldwell, P.A. Lincoln Plaza, Suite South Orange Avenue Orlando, FL Phone: (407) Fax: (401) FAPM Gary N. Feder, CPA, Co-Chair Feder Mediation, Umpire & Neutral Services GARY N. FEDER, CPA, P.A. PO Box Coral Gables, FL Phone: (305) James "Jimmy" Eskald 1715 East Bay Drive, Suite "D" Largo, FL Phone: (727) Fax: (727) Robin Caral Shaw 5800 Camino Del Sol, #204 Boca Raton, FL Phone: (561) Fax: (561) Meah Tell N.W. 12 Drive Coral Springs, FL Phone: (954) Fax: (954) Thank you to the program chairs and members of the Steering Committee for planning and coordinating this seminar.
7 FDLA & FAPM Annual Mediation & ADR Seminar REGISTRATION FORM Name Firm Name Address Phone: Fax: CONFERENCE REGISTRATION FEES (Includes educational seminar, written materials, breaks, lunches, etc.) Registration Fees Before 10/11/2010 After 10/11/2010 FDLA Member $ $ FAPM Member $ $ $ $ Judiciary $ $ $ Law School Faculty $ $ $ Law Student $50.00 $50.00 $ Non-FDLA or FAPM Member $ $ $ PAYMENT: Return this form with your payment. Check should be payable to FDLA. Return this form to ATTN: David W. Henry Swartz Campbell LLC 250 S. Orange Ave, P-100 Orlando, FL PROGRAM LOCATION Sonesta Hotel Orlando Downtown 60 South Ivanhoe Boulevard Orlando, FL Phone: The Sonesta Hotel is offering $99 room rates. A limited number of rooms are available at this rate. Contact the hotel at the number listed above. Be sure to mention the FDLA-FAPM Conference.
8 Florida Defense Lawyers Association PO Box Tampa Florida Florida Defense Lawyers Association PO Box Tampa Florida Mediation & ADR Seminar Mediation & ADR Seminar A program for trial attorneys, mediators, neutrals and litigation managers A program for trial attorneys, mediators, neutrals and litigation managers November 5, 2010 November 5, 2010 Sonesta Hotel Orlando Downtown Sonesta 60 South Hotel Ivanhoe Orlando Blvd Downtown 60 Orlando South Ivanhoe FL Blvd Orlando FL Presented by Florida Defense Lawyers Association Presented by Florida Academy of Professional Mediators Florida Defense Lawyers Association Florida Academy of Professional Mediators
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