The presentation outlines ten practical ways that new, and not so new, mediators can make
their next mediation more successful. It is based on the real life experiences of two fulltime
civil mediators who are also father and son. The object of this presentation is to give
participants real life examples of things mediators can do to help make the mediation process a
success. The presenters, JC and Jason O’Steen, have developed these tips through the lessons
learned from conducting hundreds of mediations. With each tip, the presenters discuss rules of
mediation, reasoning behind the approach, and potential pitfalls.
This workshop will address the meaning and application of Standard V., Standards of
Professional Conduct for Mediators, in an effort to clarify the mediator’s role and responsibility
to parties. Implications and impacts upon the counsel/client relationship will be examined,
along with a discussion of the risk of mediators’ zealous pursuit of relevant information from
parties directly.
This session will include a brief presentation of trends in court administration and the practice
of law that impact the work of mediators. From courts, the pressures may include courts’
adoption and publication of performance measures and case flow time guidelines (as in
Michigan) and other “CourTools” adopted and advocated by the National Center for State
Courts. From litigants, trends will be drawn from works by Julie Macfarlane, Richard Susskind,
and others. Among changes in legal practice frequently reported in articles and blogs are
perceptions of atrophy in lawyers’ negotiation skills, declining understanding of potential trial
outcomes, and increased “gaming” of the mediation process. In an era when approximately
1 percent of cases reach trial, and mediation becomes the focal point for resolution, what
evolving challenges do mediators face, and how can they be addressed? Session participants
will be invited to share their own challenges and to collectively identify possible strategies and
solutions for preserving the integrity of the mediation process.
This interactive workshop will review the Florida Standards of Professional Conduct for
Mediators and MEAC Opinions addressing whether a mediator may mediate a case when
parties waive a mediator conflict. The participants will be invited to consider a framework for
distinguishing when conflicts can and can’t be waived and then apply the proposed framework
to new circumstances not addressed by MEAC.
This highly interactive presentation is designed to identify the natural extension of mediators
into the Organizational Conflict Management consulting field. Mediators are well equipped
to conduct conflict assessments, identify effective organizational intervention points, support
culture change, implement Conflict Management Systems, and provide organizational
consulting. Participants will learn several organizational assessment techniques, consulting
tools and skills, and state-of-practice consulting technology with legal, practical, and theoretical
grounding. The focus will be on assessment, facilitation of change management, and most
importantly, conflict prevention. Participants will form small “consulting groups” and come
away with new tools to assess and propose a CMS.
When a couple determines that the next step in their relationship is separation or divorce,
mindfulness during the transition is a great challenge. “Conscious Uncoupling” is essential
to resolving family matters. Our session will focus on the process options that allow for a
conscious uncoupling, consistent with the best interests for families. Workshop participants
will be provided with techniques to help clients achieve a peaceful dissolution of marriage
from start to finish, using family-centered protocols. We will cover several alternative dispute
resolution methods, the pros and cons of each, and concentrate on actual case examples from
the pre-suit, pro-se mediation model, where the parties often seek to rely upon the mediator
for guidance. We will explore in detail the ethical and practical considerations of each model.
We are licensed attorneys, each with more than 25 years of relevant experience, and together
we have helped thousands of couples consciously navigate divorce.
Florida is home to over 200,000 American Muslims, many of whom wish to conduct all aspects
of their life, divorce and mediation in adherence with Sharia. What is Sharia? What impact can
it have during divorce or mediation? The presentation aims to familiarize mediators with the
Muslim community and give mediators a better understanding of the cultural and religious
practices which may be relevant during the mediation or divorce process.