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

Transcription

1 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 in the exhibit Hall Cypress Ballrooms 1, 2 & 3 8:00 8:30 am Registration Palms Ballroom - Sago & Canary 1-4 8:30 4:30 pm Palms Ballrooms - Sago & Canary 1-4 (Day 2 of this program is on Thursday, August, 23, 2012 beginning at 8:30 am in Palms Ballroom - Sago. See page 83.) 8:30 8:40 am Welcome and Introductions Palms Ballroom - Sago Robert Dietz, Attorney and Circuit Civil Zimmerman, Kiser & Sutcliffe, P.A. 8:40 9:30 am General Session, Keynote Program navigating the Mediation Minefield: What s an Ethical 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 Charles N. Castagna Mediation, Inc. Clearwater, FL Bruce Blitman, Attorney and Bruce A. Blitman Mediate 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 credit hour of ethics, based on 50 9:30 9:40 am Break 9:40 10:30 am BREAKOUT SESSION ONE domestic Violence and the threat to Mediation Integrity (Part One) (This session is continued in Breakout Session Two) Haley Cutler Manager of Professional and Community Education Women in Distress of Broward County, Inc. 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. s can and do play an important role in promoting safety during the mediation process. s 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 one-half of two hours of domestic violence credit, based on 50 (Must also attend Breakout Session Two on same subject to receive two hours of credit.) Donna Doyle, Attorney and Mediate First, Inc.

2 Palms Ballrooms - Sago & Canary 1-4, Internet and Online Mediations: The Bold New Frontier James A. Edwards, Attorney and Zimmerman, Kiser & Sutcliffe, P.A. 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, based on 50 Marketing Charles Castagna, Attorney and Charles N. Castagna Mediation, Inc. Clearwater, FL This presentation will include a review, analysis and discussion of the relevant Florida Rules for Certified and Court Appointed s and Ethics Advisory Committee (MEAC) Opinions dealing with mediator advertising and will incorporate a discussion of practical tips and suggestions of how to differentiate you as a mediator in a very crowded and competitive field. This session is one credit hour of general, based on 50 applying Dale Carnegie Principles to Mediation Dr. Beverly Pennachini Dale Carnegie of Central Florida Stuart Suskin, Attorney and Gainesville, FL AnnaMarie Kim, Attorney and 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 who 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, based on 50 minutes = 1 credit hour. 10:30 10:40 am Break 10:40 11:30 am BREAKOUT SESSION TWO domestic Violence, and the threat to Mediation Integrity (Part Two) Haley Cutler Manager of Professional and Community Education Women In Distress of Broward County, Inc. Continuation of Breakout Session Two Domestic Violence program (second hour). This session is one-half of two hours of domestic violence credit, based on 50 Pulling Back the Curtain: the Carrier Perspective on Mediation Moderator: William Pipkin, Attorney Austill, Lewis & Pipkin, PC Mobile, AL Pati Caldwell, AIC, PCA VP, Senior Risk Consultant Willis Group Mike Mattix, General Counsel Armed Forces Insurance Co. Leavenworth, KS Donna Urbanski Independent Claim Consultant Farmington, CT 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? What is the relationship between defense counsel and the carrier when it comes to mediation? Who will participate on behalf of the carrier and is personal attendance an issue? Are there ethical issues which must be considered? Are there coverage issues which influence the 2

3 Palms Ballrooms - Sago & Canary 1-4, carrier s position? What settlement terms are important to the carrier such as third party liens and Medicare issues? 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, based on 50 Marketing Charles Castagna, Attorney and Charles N. Castagna Mediation, Inc. Clearwater, FL This presentation will include a review, analysis and discussion of the relevant Florida Rules for Certified and Court Appointed s and Ethics Advisory Committee (MEAC) Opinions dealing with mediator advertising and will incorporate a discussion of practical tips and suggestions of how to differentiate you as a mediator in a very crowded and competitive field. This session is one credit hour of general, based on 50 drafting the Effective Mediation Agreement Honorable John Lazzara Tallahassee, FL Honorable Jonathan Ohlman Circuit Judge, Fifth Judicial Circuit Ocala, FL 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 in hearings. This is a unique opportunity to hear the rest of the story. This session is one credit hour of general, based on 50 11:30 12:30 pm Lunch (Provided) - great Moments in History and the Mediation Techniques Required to Accomplish the Outcome Palms Ballroom - Royal Robert Dietz, Attorney and Zimmerman, Kiser & Sutcliffe, P.A. 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, based on 50 12:40 1:30 pm BREAKOUT SESSION THREE truth Be Told Really? Minimizing Misunderstandings Robin Caral Shaw, Attorney and Law and Mediation Office of Robin Caral Shaw Boca Raton, FL Ross W. Stoddard, III, Attorney and Ross Stoddard Mediations Los Colinas (Irving), TX Larry Langer, Attorney and West Palm Beach, FL 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, based on 50 3

4 Palms Ballrooms - Sago & Canary 1-4, Internet and Online Mediations: The Bold New Frontier James A. Edwards, Attorney and Zimmerman, Kiser & Sutcliffe, P.A. 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, based on 50 the Use of Medicare Setasides in Mediation Geoff Hudson, CEO Axiom Rafael Gonzalez Director of Medicare Compliance Gould & Lamb, LLC 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, based on 50 applying Dale Carnegie Principles to Mediation Dr. Beverly Pennachini Dale Carnegie of Central Florida Stuart Suskin, Attorney and Gainesville, FL AnnaMarie Kim, Attorney and 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 who 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, based on 50 minutes = 1 credit hour. 1:30 1:40 pm Break 1:40 2:30 pm BREAKOUT SESSION FOUR diversity Diana Santa Maria, Attorney Law Offices of Diana Santa Maria, P.A. Markel Arrizabalaga, Attorney Kleinman & Arrizabalaga, P.A. David Dreszer, Attorney Gerald Piken, P.A. & Associates 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, based on 50 minutes = 1 credit hour. 4

5 Palms Ballrooms - Sago & Canary 1-4, How to Build Your Mediation Practice Thomas Glick, Attorney and Center for Conflict Resolution, Inc. 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, based on 50 state Oversight of ethics Kahlil Day, Attorney and Jacksonville, FL Jake Schickel, Attorney and Coker, Schickel, Sorenson & Posgay Jacksonville, FL How does a state address the variety of ethical issues that may arise in mediations? This breakout will compare how different states have addressed these issues through the selection of advisory boards to address ethical issues arising out of mediations, the qualifications for board members, and the process leading to board opinions and actions being made public. Florida was the first state to develop a system, and Florida s Ethics Advisory Committee (MEAC) and Qualifications Board (MQB) will be analyzed along with other similar processes nationally. This session is one credit hour of ethics, based on 50 Casting Light on the Dark Art of Mediation Advanced Lessons in Mediating the Commercial Case David Henry, Attorney and Alvarez, Sambol & Winthrop, P.A. 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 presence 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 roles 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 function 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 establishing agreements that will serve the parties well in the future. This session is one credit hour of general, based on 50 2:30 2:40 pm Break 2:40 3:30 pm BREAKOUT SESSION FIVE diversity Diana Santa Maria, Attorney Law Offices of Diana Santa Maria, P.A. Markel Arrizabalaga, Attorney Kleinman & Arrizabalaga, P.A. David Dreszer, Attorney Gerald Piken, P.A. & Associates 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, based on 50 minutes = 1 credit hour.

6 Palms Ballrooms - Sago & Canary 1-4, Pulling Back the Curtain: the Carrier Perspective on Mediation Moderator: William Pipkin, Attorney Austill, Lewis & Pipkin, PC Mobile, AL Pati Caldwell, AIC, PCA VP, Senior Risk Consultant Willis Group Mike Mattix, General Counsel Armed Forces Insurance Co. Leavenworth, KS Donna Urbanski Independent Claim Consultant Farmington, CT 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? What is the relationship between defense counsel and the carrier when it comes to mediation? Who will participate on behalf of the carrier and is personal attendance an issue? 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 such as third party liens and Medicare issues? 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, based on 50 what s Right, What s Wrong, and What s Ethical? Clem Hyland, Attorney and Hyland Mediation, LLC Michael Orfinger, Attorney and Upchurch, Watson, White & Max Mediation Group Daytona Beach, FL Christine Harter, Attorney and Christine L. Harter, P.A. Ocala, FL 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, based on 50 drafting the Effective Mediation Agreement Honorable John Lazzara Tallahassee, FL Honorable Jonathan Ohlman Circuit Judge, Fifth Judicial Circuit Ocala, FL 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 in hearings. This is a unique opportunity to hear the rest of the story. This session is one credit hour of general, based on 50 3:30 3:40 pm Break

7 Palms Ballrooms - Sago & Canary 1-4, 3:40 4:30 pm BREAKOUT SECTION SIX truth Be Told Really? Minimizing Misunderstandings Robin Caral Shaw, Attorney and Law and Mediation Office of Robin Caral Shaw Boca Raton, FL Ross W. Stoddard, III, Attorney and Ross Stoddard Mediations Los Colinas (Irving), TX Larry Langer, Attorney and West Palm Beach, FL 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, based on 50 How to Build Your Mediation Practice Thomas Glick, Attorney and Center for Conflict Resolution, Inc. 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, based on 50 the Use of Medicare Setasides in Mediation Geoff Hudson, CEO Axiom Rafael Gonzalez Director of Medicare Compliance Gould & Lamb 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, based on 50 Casting Light on the Dark Art of Mediation Advanced Lessons in Mediating The Commercial Case David Henry, Attorney and Alvarez, Sambol & Winthrop, P.A. 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 presence 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 roles 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 function 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 establishing agreements that will serve the parties well in the future. This session is one credit hour of general, based on 50

8 Thursday, August 23, 2012 Thursday, August 23 Breakout on Advanced Mediation Techniques (Day 2) Presented by the Professional Mediation Institute (Pre-Registration is required. Refer to Registration Form on page 12.) 8:00 8:30 am Registration Palms Ballroom - Sago 8:30 12:00 pm Palms Ballroom - Sago 8:30 10:10 am Mediating Governmental Liability and Public Policy disputes: Special Considerations and Practical Tips John Trimble, Attorney and Lewis Wagner, LLP Indianapolis, IN John Trimble has extensive experience in litigating and mediating government liability. He currently represents the Indiana State Fair regarding the stage roof collapse during the Sugarland concert last August. Seven people were killed and more than fifty were injured. He has mediated public disputes involving state employee class actions with fifteen thousand class members and a fifty million dollar construction defect case involving his city s largest public library. John regularly teaches a 40 hour course specifically on mediation of public policy disputes. This course will address the unique challenges confronted by a mediator when one or more of the parties to the dispute are a governmental entity such as a city, state, university, public hospital, police department, or other agency. The discussion will address the problems associated with obtaining settlement authority when many governmental decisions must be ratified by elected officials, legislative bodies or boards, and ways a mediator may deal with the concerns that governmental decision makers have about confidentiality, precedent, re-election, budgetary constraints, and similar considerations. The presentation will weave in a discussion of the implications of politics, the media, interest groups, and how all of these influences affect the ability or willingness of a governmental entity to settle. This session is two credit hours of general, based on 50 minutes = 1 credit hour. 10:10 10:20 am Break 10:20 12:00 pm Breaking Impasse Rod Max, Attorney and Upchurch, Watson, White & Max Mediation Group Gary Toole, Attorney and McDonald, Toole, Wiggins, P.A. John Elliott Leighton, Attorney and Leighton Law, P.A. Miami and Breaking impasse is a process that has its own journey. How to stabilize that journey and confront the intuition to call it quits is the artistry of the successful mediator and mediation advocates. This program will help those who attend better manage the process of moving from irrelevancy to relevancy of positions; and further assist in moving from relevancy to the proverbial ball park; and finally assist in moving from the fences of the proverbial ball park to home plate. (Hot dog and Crackerjacks not included). This session is two credit hours of general, based on 50 8 Thursday, August 23, 2012