A fair question, to be sure. The existence of a trial court ruling, coupled with a pending appeal, adds layers of complexity to a facilitated negotiation. This workshop will focus primarily on the multi-level risk analysis that both appellants and appellees must undertake in order to make informed decisions about settlement of a case on appeal. This will entail a discussion of the various things the mediator must do to prepare for appellate mediation, as well as some techniques the mediator may find helpful in guiding the parties and their counsel through a risk analysis.
Unlike Family, Tort and Home Owner Association/Developer mediation where the focus is on termination of relationships, commercial mediation, somewhat like probate mediation, should focus on the opportunity for reconciliation and additional business between the parties. The commercial mediation opportunity should be seen as a place to structure future relationships NOT terminate and preclude future relationships.
Mediators tend to be hesitant to use computer software to help in their mediations, but they shouldn't be. This session will increase participants' comfort with using software to divide assets and to negotiate incomes. These tools will help us creatively explore alternatives quickly and easily, and lead to significantly better outcomes for the parties -- achieved in less time. We will also see how we can improve overall efficiency by enabling clients to populate the initial data electronically.
Each year numerous mediation participants file grievances against certified mediators. Although many grievances never result in sanctions against the mediator, the filing of a grievance leads to unwanted stress, costs, and disruption for a mediator. This interactive presentation will review scenarios that resulted in a grievance against a mediator and will also discuss ways to reduce the possibility of a mediation participant filing a grievance.
All public school districts in the U.S. must offer mediation as one of the alternative dispute resolutions for special education disputes. Many certified mediators who mediate in special education are baffled by the special education process and terms as well as the Individual Educational Plan (IEP) procedures. This presentation will serve as a vehicle to demystify background information which mediators will encounter.
Parties often say they are done negotiating, but really desire the mediator’s continued efforts bringing the other party a bit closer to resolution. How does the mediator continue when one party says they are done? What ethical considerations are involved?
The presenters will provide an explanation and give the historical background of team mediation. The presenters will discuss the current utilization of team mediation in the U.S. and internationally and will not only demonstrate the enhancement, balance, and diversity resulting from team mediation but will model how the cooperation of the mediators can enhance the prospects for settlement.
This presentation is a qualitative case study related to water conflict in the Rookery Bay Estuary (RBE) Watershed in Southwest Florida and examines conflicts of community members in the private sector, public sector, and non-profit organizations involved with the use of water, and water management. Key findings include opposing interpretations as to the best water management practices, and indications that collaboration helps alleviate conflict among diverse stakeholders.
Church is an organization where most people expect peaceful relations, but that is often not the case. The conflict approaches of a unique group will be explored: Caribbean church leaders. Fourteen leaders will share their in-depth perspectives of dispute processes and how they have addressed disputes.
This interactive workshop will focus on the difference between eldercaring coordination and other dispute resolution processes and the progress of the eight Florida circuit pilot programs. Attendees will learn how to bring a pilot site to their circuits and will have an opportunity to assist current pilot sites and eldercaring coordinators.
This workshop offers an interactive discussion of how insurance claims are settled. From consideration of the players involved to geographic limitations and strategies developed by claimants, it is all on the table.
Language is an essential tool of conflict resolution. The mediator's management of spoken interaction can promote dispute resolution or drive a subconscious wedge between the parties. Through example and audience participation, this workshop explores the areas of cultural metaphor and discourse analysis - as they relate to conflict resolution. The workshop is designed to increase sensitivity to the subtleties and complexities of spoken interaction and their sometimes unintended effect on conflict resolution.
How does teaching adults differ from teaching children? What are the fundamentals of adult learning and how can they be applied effectively in a mediation training venue? Using the work of educational theorist David Kolb, and his experiential learning model employing the Learning Styles inventory, these questions and more will be explored during this interactive Train the Trainer session on the art and science of empowering adult learners through discussion leadership and how that helps to provide education for judgment.
The presentation outlines and explores ten common mistakes new, and not so new mediators make during mediation. It is based on real life experiences of two full-time mediators who are also father and son. The object of this presentation is to explore examples of things mediators do that hinder the mediation process and keep parties from reaching a resolution.
This workshop will delve more deeply into the issues which come up for LGBT families in Florida. Special focus will be placed on family formation issues (adoption, insemination, surrogacy) as well as dissolutions. An update on the law regarding adoptions will be provided. The impact of living in a state which has no relationship recognition will also be discussed, including providing attendees with some insight into how couples can protect themselves and their loved ones as well as how they can dissolve their unions should that be necessary.
There may be no greater threat to future generations than Climate Change and nothing more valuable to humanity than our children as they represent our future. Two current projects will illustrate how mediators and facilitators can help change the world. Project One: 2014 was the hottest year on record. The Pentagon says that climate change poses immediate risks to our national security. This is a time that climate change conditions are volatile and unprecedented in the history of the human race. It seems fitting that facilitators can assist in public policy discussions. What began in the White House is now a topic underway in our state with leadership from a House Representative. Dr. Georgakopoulos was invited as the lead facilitator. Project Two: Mediators and facilitators can make a difference in the lives of youth who can learn what the value of peace means as a verb.This READING PEACE PAL PROJECT joins everyday ordinary citizens in the community with local youth.
The Florida laws regulating Condominium and Homeowner Associations are vast, complicated and confusing. Throw in personal emotions, conflicting views and a vendetta or two and you have a recipe for huge disputes! In this session the participants will learn the basics of Florida Statutes Chapter 720 and 718 (Homeowner and Condominium Laws), who the participants are, what the most common disputes are and how to find are solution.
This presentation will include a discussion of the different dimensions of an apology. When an apology is given, more is needed than a mere “I’m sorry.” The efficacy in apology lies within addressing the layers of impact. When an effective apology is provided, there is an opportunity for the release of grudges and for accountability to be assumed. This diminishes barriers to negotiation and facilitates settlement.
Every individual participating in mediation comes to the table with their own perceptions about their "position" and the "position" of every other person at the table. These perceptions can be based upon a variety of factors: the participant's gender, culture, or age among them. Mediators should not ignore this fact in both themselves and participants. This session will explore how a mediator can work to ensure the integrity of the process and promote the goals of mediation concentrating on gender and age considerations.
The Direct/Inferential model of communication explains how people both speak and listen in ways that are clearly stated and in ways that are transmitted and received nonverbally. Participants will explore how to utilize this knowledge to best keep parties engaged. The model has as a goal the minimization of errors in communication which often result in misinterpretations.
Disagreement, Disparity, Disunity and uncompromising Dissension. What can cause two people who once were willing to agree to become so disagreeable? When did the disparity between trust and mistrust begin? How can disunity erupt out of a harmony that once was? And why is there so much dissension where there was once such a dovish consideration for peace? These are just a few of the questions and concerns that will be addressed in the upcoming seminar The Divisive Mind: "Understanding the Mental Mind-set of the Mediating Client." You don't want to miss out on this psychoanalytic and cognitive approach to understanding and identifying the causes to mediation impasse, before the mediation process ever begins.
This course, conducted by a retired 30+ year law enforcement veteran, will include an up-to-date review of Florida Court Injunctions and Protective Orders for Domestic Violence, Dating Violence and Stalking. The course will include a review of Florida Statute 741.28 as it pertains to Domestic Violence and Florida Statute 784.046 as it pertains to Dating Violence and Stalking.
Discovering Your Creative Vision is a unique creativity program that uses photography to challenge the perceptions and creative limitations of the participants. With today’s technology, almost everybody has a camera with them. This seminar taps those cell phone cameras (or digital cameras if participants would rather) to discover ways of thinking creatively. Using a variety of camera strategies, participants will be exposed to a unique perspective while the presenters assists the participants in developing insight and fostering innovation while demonstrating how to bring these ideas into our work as mediators.
Are you doing enough to market yourself? Should you be doing more? What are some smart
cost effective things mediators can (should) do to better market themselves and attract more
cases to mediate?
This workshop will present recent research, trends, and perspectives related to mediation and other conflict resolution applications. It will explore new research and perspectives and the impact it has on mediation practice. It will also highlight research and trends related to the broader field of conflict analysis and resolution and applied applications. The workshop will be interactive and will include multi-modal and multi-cultural perspectives.
This presentation will discuss the history of domestic violence and the horrific effects it has on immediate victims and others. The presentation will focus on domestic violence in homosexual relationships. Participants will discuss proper demeanor while mediating in this kind of situation.
This presentation will provide an overview of the Americans with Disabilities and help prepare mediators for ADA situations. This summer marks the 25th anniversary of enactment of the ADA. The ADA has expanded opportunities by reducing barriers, changing perceptions, facilitating greater civic engagement, and increasing participation in community life. Yet, compliance with the law requires ongoing consideration. This course will examine the scope of the law’s coverage, explore examples of accommodations, and consider resources available to assist mediators in complying with the law.
This presentation will provide a broad overview of a variety of mediation subjects through the use of videos which are seemingly unrelated to the area of mediation. After each video, the presenters will provide the participants with the governing mediation rules, where applicable, as well as solutions and tips to deal with real life situations. Participants will also be encouraged to offer their own stories, thoughts and solutions.
The presenters will provide an overview of the existing divorce offerings and introduce you to
a new model they believe holds tremendous potential to change the way Americans divorce.
Contrary to recent media coverage, Ken and Elinor believe that the family courts are not really
broken. Instead, they see the courtroom as a fundamentally inappropriate forum for couples
with issues to resolve. Mediation allows participants to control the outcome of their cases. The
Private Law Model for Divorce Resolution goes a step further to give people control of their
entire divorce process as well as access to qualified professionals, a clear path to case closure,
and a pre-set budget. If you are a mental health, financial, or legal professional who wants to add
another service to your practice and become a part of the divorce solution, this session is for you.
The presenters, Stanley Zamor and Jeanne Potthoff will provide a repeat presentation of the Real Deal I presentation from the 2014 DRC Conference. The purpose of the presentation is to enhance the participants’ ethical awareness. Through the facilitated discussion, the participants’ will gain knowledge of the best practices for dealing with difficult situations during the mediation process. The learning objectives are to enhance the knowledge of the ethical standards that mediators must maintain, provide mediators with real life scenarios and the best practices for handling difficult situations and provide the questions posed to MEAC as well as the opinions. Specifically, the participants’ will be presented with a deck of cards. Each card will include an ethical dilemma or MEAC opinion. There will be a facilitated discussion regarding each card that is dealt from the deck of cards. The presentation will be provided to all mediators for ethics credits.
Throughout the mediation process effective communication is essential. In this workshop, the presenters will seek to expand participant’s understanding of themselves and the communication patterns of others. Based on the success of NLP (Neuro-Linguistic Programming) in improving negotiations and minimizing conflict, this workshop will teach participants important tools and techniques to enhance their abilities as successful mediators.
What is eldercaring coordination? Why do we need it? Who will do it? Where, when and how? The Florida Chapter of the Association of Family and Conciliation Courts convened twenty statewide organizations which developed Guidelines for Eldercaring Coordinators in 2014. Pilot sites are developing in circuits across the state to study the implementation of the process and guide its development as a valuable resource for high conflict cases involving the care and safety of an elder. Qualifications of eldercaring coordinators will be reviewed as well as the composition of the training program and implementation of pilot sites. Learn more about this new process to reduce discord regarding an elder loved one, and promote healing for a family in transition at this most vulnerable time. Potential benefits as well as possible barriers that may limit its progress and will be discussed.
This workshop is geared toward practitioners who teach (or who are interested in teaching) advanced continuing education (CME) programs. Veteran trainer Susan Dubow offers an interactive discussion on agenda creation, topic selection, formats that support adult learning and CME documentation for mediator renewal purposes.
This session will explore the business strategy and structures of a successful mediation practice whether as a sole practitioner, member of a mediation group, or within a law firm. This will include discussion of how to establish rates and billing for various aspects of mediation time. What role marketing plays in achieving greater exposure for your business and whether social media promotes those objectives will also be explored.
The presenters will discuss the unique challenges presented by post-divorce disputes and offer suggestions for resolving these difficult conflicts. Having hoped or believed that the issues in their divorce were finally resolved, parties find that even years after the end to their marriage, conflicts arise. Unless clearly resolved, these post-divorce conflicts result in multiple filings, multiple mediations and multiple court appearances.
Ethical issues arise in mediation when we least expect it. Being ethically aware is critical for
the experienced mediator. Using both real cases and hypothetical (but realistic) scenarios, this
program will explore appropriate and inappropriate responses to each situation.
This workshop session will provide in depth overview of the Mediation Training Standards and Procedures including the responsibilities of providers of certified mediation training programs. Information on the variable routes to primary trainer and provider status will also be highlighted. This workshop is intended for those who are currently providing certified mediation training and those who wish to.
Participants will be invited to actively listen to statements which are being made that are contrary to the values of a mediator. Participants will be invited to explore how they respond in mediation to objectionable comments made to them when they are mediating. After understanding the importance of personal feelings in the mediation process, participants will be provided with methods for understanding party differences and be given an opportunity to engage parties with distinctly different styles in brief role-play vignettes.
This interactive workshop for Circuit Civil Mediators will cover: (1) how to lay the groundwork
early in your communication with participants to assist them in framing their preparation
for mediation with both strategy and persuasion in mind; (2) how to encourage initial and
subsequent negotiation signals, resolution ranges and making concessions; and (3) methods
designed to sustain negotiation momentum and some gap-closing techniques. Ethical pitfalls
and considerations will be woven through the presentation; party self-determination does not
need to be sacrificed to help people negotiate. Attendees are encouraged in the last segment
of the workshop to query the presenter and audience about negotiation stumbling blocks and
dilemmas they have encountered.
Collaborative divorce is a non-litigated, ADR method to help couples settle their divorce without the courts involvement. Collaborative law utilizes an interdisciplinary team of specially trained professionals made up of two Collaboratively trained attorneys, one neutral mental health professional and one neutral financial professional, who work together with the parties in a series of joint meetings. The parties voluntarily agree to abide by a non-litigated process: no depositions, hearings, subpoenas or opposing experts. Financial costs are frequently lower, the emphasis is on cooperation and privacy, and the parties work toward reaching an agreement that meets the needs and interests of their entire family. This allows the couple to learn better communication skills, to work together toward a win-win for each party, to focus on the welfare of their children as they parent together and to use interest based negotiation to resolve their disputes.
Find out what goes into the issuance of a Petitions for Injunction for Protection Against Domestic Violence. This workshop takes a step beyond basic Domestic Violence training to give participants a fuller understanding of the Domestic Violence Injuction process, from the writing of a Petition through issuance of a Final Order. The Florida Statutes that make up the founcation of this process will be discussed. When Domestic Violence issues show up in your mediation make sure that you have a solid working knowledge of one of the most basic legal procedures related to this issue: Injuction for Protection.
This workshop will explore the areas of cultural metaphor, speech paradigms, metonymic systems, “speech events” and discourse analysis as they relate to conflict resolution. It is designed to increase sensitivity to the subtleties and complexities of spoken interaction and to their sometimes unintended effects on conflict resolution.
Join facilitators Stanley Zamor and Jeanne Potthoff for an interactive workshop where you
will be presented with real county court mediation scenarios. Participants will discuss the best
practices for “dealing” with these scenarios.
The purpose of this presentation is to provide the mediator practitioner with perspective and practice pointers, examine and analyze each component of negotiation and the mediation process and share ideas in connection with the business aspects of the mediation profession.
Join us to hear about what we learned at the FL Statewide Mortgage Modification Summit that
was held in February of 2014 in Orlando. The Summit had eleven bankruptcy Judges present,
including the three chief judges from the Northern, Middle and Southern Districts. It was a
lively discussion with attorneys, mediators and lenders participating. Wells Fargo, Bank of
America, Chase, Nationstar, Ocwen and Insight participated and shared their concerns about
mediation, and we want to share them with you!
This workshop will provide information on shifting people from resistance to a willingness to take action. The workshop will introduce mediators to ways to instantly develop rapport and formulate positive impressions by creating an environment that fosters collaboration. The workshop will review the cycle of persuasion while reviewing the core elements mediators can develop to position themselves to yield productive solutions. The cycle of persuasion is integrated with the subtleties of body language including facial expressions, gestures and other body movements. The aim of this knowledge is to assist mediators in modifying interactions based on what is being communicated directly and indirectly.
This session will raise awareness of the cultural similarities and differences between identifiable groups so that mediators can better understand the participants during mediation. Participants will explore ways for a mediator to help the parties from different cultures communicate with each other more effectively during a mediation session.
This workshop explores the ways that yoga may help a mediator grow in awareness of the parties’ needs and interests in order to facilitate creative and flexible solutions based on self-determination. In addition to joining in the discussion, participants will have the option of joining in simple yoga movements from their seats.
In this interactive workshop, we will explore how the most effective mediators build their multiple intelligence quotient. Research shows that the way a mediator views the parties impacts the mediator’s process of mediation. Gardner's theory of multiple intelligences states that experience, culture, and other factors support many different ways to learn and process information, but that the factors are independent of each other, leading to multiple "intelligences." Mediators who possess multiple intelligences can bring added value to the process of mediating diverse parties.
The mediator's opening statement is a critical part of the mediation process and should always be completed in a professional and ethical manner. The certified mediator must understand the reasons behind the essential elements of the opening statement and communicate each element clearly, concisely, and confidently. This workshop will delve into not only what needs to be communicated during the opening statement, but why it should be communicated. Options and examples of opening statements will also be provided. "Click Here for Visual Material"
Veterans are returning home with multiple disorders that are interfering with their abilities to function in a "normal" way. This workshop will provide and discuss statistical data on the progress of veterans. Group exercises on multiple disorders will aid in defining the roles a mediator may play in assisting the veteran.
This workshop is designed to provide a structural analysis of the statutes, procedural rules and standards of conduct as they bind (or don’t) to the various forms of mediation conducted with the halls of justice. This workshop will benefit all mediators but especially those who practice across jurisdictions or who practice in and outside of the court system.
The workshop will explore various methods and techniques for teaching mediation certification training courses and continuing mediator education courses.
Recent changes to the Florida Arbitration Code and Federal and State cases decided in the
past year impacted the field of arbitration. The most significant changes and court decisions
will be discussed.
This workshop will focus on the often complicated division of retirement plans in family law cases. The speaker, Matthew L. Lundy, Esq. will give a detailed discussion and explanation of retirement plans in general, and then go over the most common mediation scenario. This workshop will primarily be directed to intermediate and advanced level family mediators.
This interactive workshop will provide an intermediate to advanced level of information about what constitutes domestic violence; factors to consider in deciding whether a case is appropriate for mediation; how a mediator may recognize domestic violence in mediation from the time the mediator accepts the case until mediation is completed; which of the Rules for Certified and Court-Appointed Mediators the mediator particularly needs to be aware of and may need to apply during the mediation; how to protect the mediation process, parties and participants by applying the rules; and provide the presentation attendees with scenarios to discuss in small groups.
Some mediators find themselves stuck and don’t know how to ask an appropriate question.
Some mediators are afraid of silence. This program gives the mediator tools for asking the right
questions at the right time during mediation, and allows the mediator to fulfill his/her role as
facilitator of the parties’ discussions. By learning how and what to ask -- and understanding that
mediations have three basic stages -- will allow the mediator to avoid the awkward silences and
move the process forward in a substantive way. By asking questions in the right way at the right
time, the mediator is causing the participants to be introspective and to evaluate facts and
circumstances, strengths and weaknesses, in a more realistic way. Presenters Robin Caral Shaw
and Amy Wolsky have brought valuable tips and tools to the DRC since the turn of the century.
This workshop presents an approach to co-parenting that uses the framework of mindfulness as a basis for optimizing the co-parenting relationship between spouses with children at all steps in the divorce process. This approach addresses considerations in making a decision about separation and divorce, selecting a legal approach to divorce, drafting a parenting plan, and following a set of guidelines for co-parenting. A primary goal of the workshop is to provide attendees with a clear understanding of the co-parenting research and a set of skills that attendees can apply in a range of settings including mediation, attorney consultations, collaborative divorce, parenting coordination, divorce counseling, and other settings.
After the long and prolonged wars in Iraq and Afghanistan, trained Mediators are needed to work with Veterans, their families, employers and others to figure out their own solutions. This presentation will introduce mediators to the issues and concerns often confronted by veterans.
The presentation will offer a strategic approach to marketing the mediation practice. The initial
focus will center upon defining the target audience, both present and potential. Messaging
and an effective communications strategy will follow, with emphasis on the need to produce
provocative and interesting content. Staff practices, advertising and special event marketing
will be touched on, leading into a review of best practices in designing and maintaining the
website, and developing a comprehensive digital presence through the current array of social
media platforms.
Workshop Description: This advanced ethics workshop is designed for mediators who mediate court referred cases in more than one area of the court system. This workshop will focus on the nuances between court procedural rules in the areas of party and participant appearance and authority and mediated agreements.
This session visits several common dilemmas facing the ADR professional. How one might enhance the 'people skills' and ethical acumen necessary to assist intensely conflicted parties in new applications (i.e. managed mediation programs). Students will participate in role play, lecture and 'Q&A' to further enhance their skill set in both traditional and modified ADR scenarios (managed mediation programs).
Three presenters all critical to the collaborative process (one lawyer, one facilitator, and one
neutral financial expert) discuss how this process is used to facilitate communication between
divorcing spouses and to problem solve issues raised in dissolution of marriage and other
matters in such a way as to both protect clients’ relationships with family and friends, while
enabling the two parties to create the foundation for their post-dissolution relationship with
each other. A comparison with the traditional court process will explain why the collaborative
process is usually preferable, both from the individual perspective, as well as from a societal
point of view.
This course will include an up to date review of Florida procedures for Court Injunctions and Court Protective Orders for Domestic Violence, Dating Violence and Repeat Violence. Subject matter will include a review of current and past celebrated cases of notoriety from news media accounts as they might pertain to Violence or Abuse. Active audience participation and Interaction will be high encouraged and audience/attendees will be asked to create their own personal "Mediator Safeguard Safety Checklist" for them to take home and use in their Mediator sessions by sharing copies of other checklists we will use in this training session.
This workshop is designed to explore the meaning of Culture in the context of the Mediation
process, and to recognize that there are many definitions of Culture that affect the thinking
and behavior of participants in a problem-solving setting. Workshop participants can become
aware of cultural dimensions and variations that are at play, and gain a greater understanding
of the ways that parties communicate, based on their values, beliefs and standards. Participants
will also explore their own values, beliefs and standards, and become sensitive to the need to
avoid bias in carrying out their roles as facilitators.
Have you ever encountered a "difficult person" while engaged in a mediation? Mediators need specific skills to be successful in their roles and they need to be able to deal with all kinds of people. Research indicates that of the difference between top and average performance is attributed to emotional intelligence. Highly developed Emotional Intelligence is the foundation for effective interpersonal communication, conflict resolution, coaching and change management. As mediators' emotional intelligence increases, they can be better listeners and enhance communication between parties. In this course, mediators will learn to improve their effectiveness by enhancing their emotional intelligence.
An introductory presentation to familiarize participants with the Peer Mediation model and encourage participants to become Peer Mediator Coaches. This presentation is designed to present the elements of a fully-operational and sustainable ADR program to address school conflicts.
International Corporate and Finance Lawyer Carl H. Perdue, JD, LLM and Clinical Psychologist Dr. Debi K. Yohn Ed.D LSW explore Mediation Psychology, specifically; inter-personal, professional, institutional, and cultural bias in conflict resolution processes. Focusing on complex,high value cases, this interactive, high energy Workshop examines actual cases with a view towards assisting Mediation and Arbitration Professional in recognizing and effectively handling these intangible, but critical, issues.. The Workshop will also consider the organization and effective use of Co-Mediation in complex cases.
This session will teach mediators: (1) iPhone and iPad apps for mediators in order to run a
more efficient mediation practice; (2) mediation technology to meet your clients’ needs; (3)
understanding the technology which lawyers are trying out in mediation before they try the
case; and (4) how to maintain your mediation documents on an iPad and have participants sign
the deal digitally on your iPad.
Mindfulness in Mediation: Maintaining internal peace amidst external chaos, will teach basic principles of brain science and mindfulness to enhance self-regulation skills increasing the overall effectiveness of participants to engage in the mediation process. Attention, judgement, problem-solving, and creative thinking are necessary skills in mediation and are only fully accessible when we are regulated. As soon as emotions, such as, anger, fear, and anxiety are triggered, the nervous system shifts gears blocking access to the skills required for creating solutions. This workshop will teach participants how to identify dysregulation and enhance self-regulation through mindfulness practices.
Skilled mediators shape the process to be most productive for each individual case. This presentation offers mediator skills and techniques which will help you determine if, when and how to use caucus and how to promote and facilitate direct communication and negotiation, ensuring more durable resolutions and party satisfaction.
This presentation will review research by leading scholars on gender and negotiation with a focus on implications in the mediation context. Through role-play and audience discussion, ethics, and professional responsibility will be considered.
Because many mediators are engaged on the basis of their substantive knowledge in, or
familiarity with, a particular field and deal with the same attorneys and factual scenarios, their
mediations may become mechanical. This presentation will explore methods for conveying
interest in the process and the disputants’ well-being and enthusiasm to participants, focus on
the importance of opening statements for providing not only a procedural description but to
address anticipated questions from the ignorant disputant and hostility from the unreasonable
disputant, and ways to better engage the parties in the process through data collection.
As a mediator, the kind of compassion and empathy we show our clients can mean the difference between agreement, non-agreement and a really good agreement when we have a good bedside manner. If we forget to remain neutral and impartial, even the most amazing bedside manner does not result in a great agreement.
Although it may seem counterintuitive to mediate an appeal because the trial court has already determined the winner and loser, appelate mediation offers the parties another chance to control their own legal destinies and reach a mutually agreeable result, perhaps in the form of a global settlement. To succeed in appellate mediation, it is imperative for the parties to understand their realistic chances of success in the appeal. This presentation will provide an understanding of the nuts and bolts of the appellate process, including the explanations of the loimied scope of appellate review and the standards of review for the different kinds of issues raised in appeals, which will aid the mediator to empower the parties to resolve the issues.
For the benefit of mediators, family law attorneys and prospective parent coordinators, this
presentation will shed some light on the role and responsibilities of parent coordinators as they
pertain to working with parents who are struggling to co-parent and follow their parenting plan.
Most parents who are referred to work with a parent coordinator are usually in “high conflict”
and present for PC work after months or years of battling with an ex-spouse or partner. During
this presentation, we will address and problem-solve the common challenges and obstacles
that parent coordinators face in helping parents work through their conflict and learn to
effectively co-parent.
This workshop will review differences among the approaches to mediation of the five District Courts of Appeal and the successfulness of the change to rule 9.700, Florida Rules of Appellate Procedure, in encouraging the use of mediation for appeals beyond the Fifth DCA. It will also discuss the rule amendments that became effective in 2015. Lastly, a comparison of the Federal Appellate Mediation model with the Florida rule will teach appellate mediators about the very different Federal mediation method.
This interactive workshop will provide information regarding the requirements for mediator advertising in the Florida Rules for Certified and Court-Appointed Mediators and Mediator Ethics Advisory Committee Opinions. Attendees will discuss advertising scenarios in small groups.
This interactive presentation will focus on issues dealing with cultural diversity, religious diversity, appropriate nomenclature, verbal and body language, and self-awareness of what can be perceived as bias. Mediators will learn how to put all participants at ease in the mediation process and help bring down barriers and impediments to a successful mediation.
Dealing effectively with diverse constituencies is a key factor in successfully resolving disputes. The foundation for effectiveness begins with defining “diversity” and then discovering ways to connect with the parties. This is an interactive session that focuses on discovering the pictures in the parties' heads, learning to speak a “universal language,” and identifying ways to help the parties communicate well.
This groundbreaking seminar has been used at schools and college campuses to create community around many sensitive issues effecting students on all campuses, including online bullying, sexting, and abusive language resulting in suicides and low self esteem. In this session, you will learn the skills to be a trainer and facilitator of the Study Circle model.
Train The Trainer: Teaching County Court Mediation. This workshop will discuss " tried and true" techniques and strategies for effectively teaching County Court Mediation. Although geared toward County Court, many of the ideas, suggestions and strategies will be appropriate for all mediation trainers. This will be an interactive session, whereby trainers can share and learn from each other as well as from the presenter.
The presenters, Stanley Zamor and Jeanne Potthoff will address ethical dilemmas and 2014 MEAC opinions during the Real Deal II presentation. The purpose of the presentation is to enhance the participants’ ethical awareness. Through the facilitated discussion, the participants’ will gain knowledge of the best practices for dealing with difficult situations during the mediation process. The learning objectives are to enhance the knowledge of the ethical standards that mediators must maintain, provide mediators with real life scenarios and the best practices for handling difficult situations and provide information regarding the MEAC opinions and current practices of mediators. Specifically, the participants’ will be provided with a deck of cards. Each card will include an ethical dilemma or MEAC opinion. There will be a discussion regarding each card that is dealt from the hand of cards. The presentation will be provided to all mediators for ethics credits.
Many times, participants come to a mediation "stuck." They want the mediator to help them find a solution to their challenges and are often exhausted and divided. This workshop is designed to provide quick, practical exercises that will help them gain understand of key principles of conflict and conflict resolution while learning together and working collaboratively. The workshop will help participants offer their clients common language that can offer help them move toward collective understanding and common ground.
Although it may seem counterintuitive to mediate an appeal because the trial court has already determined the winner and loser, appellate mediation offers the parties another chance to control their own legal destinies and reach a mutually agreeable result, perhaps in the form of a global settlement. To succeed in appellate mediation, it is imperative for the parties to understand their realistic chances of success in the appeal. This presentation will provide an understanding of the nuts and bolts of the appellate process, including the explanations of the limited scope of appellate review and the standards of review for the different kinds of issues raised in appeals, which will aid the mediator to empower the parties to resolve the issues.
With technology being a large part of our society, perpetrators of stalking and intimate partner violence regularly misuse technology to harass, monitor and terrorize. The use of any form of technology to stalk, repeatedly harass, threaten, or abuse another person may be considered cyberstalking. To fully support survivors and hold perpetrators accountable, victim advocates and service providers need to understand the various ways technology can be misused as a tool for abuse. In this interactive session participants will learn the various ways survivors can increase their safety and privacy using technology. Participants will also explore ways perpetrators misuse online spaces to stalk, abuse and harass, and how survivors and service providers can document what's happening and secure evidence of that abuse or stalking. Participants will learn strategies used by perpetrators through social media, location based applications, Bluetooth technology, and spyware.
When clients enter collaboration, they are most likely feeling exposed and defensive; therefore, the words collaborators use can greatly impact them. Words used in collaboration are particularly important because they aid in moving people from one side of an issue to another. This presentation highlights the importance of words utilized in collaboration.
Late-stage mediation has been a familiar process for attorneys in many jurisdictions. This method of dealing with impasses tends to work well to avoid trials, but clients today are also interested in reducing expenses and animosity. Early stage mediation is a method of accomplishing both. Additionally, research has begun to show the efficacy of pre-mediation separate meetings with parties. This workshop will examine both early stage mediation and pre-mediation meetings, and the do's and don'ts to make them efficient and effective.
This presentation presents historical findings that demonstrate the field of ADR has been the result of collaboration amongst tribal communities, and indigenous groups. Practitioners of ADR have included shamans, priests, and other non-judicial practitioners. There are several perceived conflicts in todays modern practice in the field ADR. We will explore these conflicts in an attempt to improve our craft as ADR practitioners.
This training will lead participants to consider incorporating the four characteristics of cultural competence in a meaningful and practical way in mediation. According to Diversity Training University International (DTUI) there are four cognitive components of cultural competence: awareness, attitude, knowledge, and skills. This workshop uses examples from experienced multicultural and international mediators and cultural competence assessments to help participants examine their own lenses which, in turn, influence mediation style.
This lively and engaging workshop will address the nature of human communication in the mediation process. An in-depth look into the role of age, gender, culture, and ethnicity will be provided with discussion on the impact of of these factors on an individual's own unique communication style.
This groundbreaking seminar has been used at schools and college campuses to create community around many sensitive issues effecting students on all campuses, including online bullying, sexting, and abusive language resulting in suicides and low self esteem. In this session, you will learn the skills to be a trainer and facilitator of the Study Circle model.
This session will discuss how the mediator, with the assistance of the FL Rules of Appellate Procedure, engages with the parties and actively raises questions to create doubt and identify the costs and risks of taking the appeal through the court system. The mediator's familiarity with the pleadings and relevant case law, and ability to engage in post-trial reality-testing creates both a livelier and more focused discussion than trial level mediation. This is highly-interactive mediation and it’s very appealing indeed!
With technology being a large part of our society, perpetrators of stalking and intimate partner violence regularly misuse technology to harass, monitor and terrorize. The use of any form of technology to stalk, repeatedly harass, threaten, or abuse another person may be considered cyberstalking. To fully support survivors and hold perpetrators accountable, victim advocates and service providers need to understand the various ways technology can be misused as a tool for abuse. In this interactive session participants will learn the various ways survivors can increase their safety and privacy using technology. Participants will also explore ways perpetrators misuse online spaces to stalk, abuse and harass, and how survivors and service providers can document what has happening and secure evidence of that abuse or stalking. Participants will learn strategies used by perpetrators through social media, location based applications, Bluetooth technology, and spyware.
An Introduction to Restorative Justice in Florida will provide an introduction to the principles of restorative justice, the difference between restorative justice and mediation, and the use of restorative justice in Florida with an emphasis on Florida Statutes and case law.
As guardians of the mediation process, mediators of governmental disputes have a special interest in addressing the natural tension that exists between confidentiality of the process and the public interest considerations behind Florida's Sunshine laws. Mediators face ethical obligations and practical considerations as they navigate through governmental mediation. Sunshine law may play into more than traditional disputes involving governmental entities. The Sunshine Laws may apply to mediation of disputes involving labor unions, private organizations, and even individuals to whom decision-making authority has been delegated. This workshop will: 1) Provide an overview of the Sunshine Law; 2) Provide an update of Sunshine Law issues in traditional mediation and mediation within the Collaborative Law framework; and 3) provide practical tools for complying with Sunshine Law requirements in traditional mediation and meditations within the Collaborative Law framework. Additional information may be requested.
Claims of workplace discrimination are at an all time high. In Fiscal Year 2011 the EEOC received a record 99,947 charges of employment discrimination and obtained $455.6 million in relief through its administrative program and litigation. Although the number of discrimination charges dropped in 2014, that decline has been attributed to the governmental shutdown in October, 2013. Florida had the 2nd largest number of charges (7,528) falling slightly behind Texas (8,035). Due to these statistics, the need to resolve workplace disputes and claims of employment discrimination continues to be in great demand, and of great concern to both employers and employees. The skills of an effective mediator who is knowledgeable about employment-related issues and the pertinent applicable laws can aid in the management and decline of these disputes and at the same time afford mediators an opportunity to utilize their skills in the ever growing field of Employment Mediation.
Collaborative Law Workshop for the Mediator. For Your Family's Sake - Collaborate. Families no longer want the traditional model of litigation to solve their family issues. They want more than the traditional courtroom model, they deserve more, and Collaborative Law delivers results. Collaborative Law offers privacy, control, self-determination, economy, and efficiency. Learn about the Collaborative Law Process, the nuts and bolts of interest-based negotiation, and the role of the Collaborative Law Mediator when the team needs help.
George Knox has utilized his talents for peacemaking to build a successful practice as a mediator, arbitrator, negotiator, and mentor. Long recognized as one of Miami's most respected business and community leaders, he was named one of Miami's 100 Most Powerful People. He has been designated a Legal Legend by the 11th Judicial Circuit Historical Society.
The Florida courts are leading the way in striving toward fairness in court operations. The Standing Committee on Fairness and Diversity was established to assist the courts in identifying and eliminating any bias based on race, gender, ethnicity, age, disability, financial status, or any characteristic that is without legal relevance. Our keynote speaker, The Honorable Scott Bernstein, Circuit Judge, Eleventh Judicial Circuit, serves as chair of the committee and will be speaking on the topic of Implicit Bias.
Art Hinshaw’s research and teaching interests lie in the field of alternative dispute resolution (ADR), primarily mediation and negotiation. His research bridges ADR theory and practice, and his teaching responsibilities include the Lodestar Mediation Clinic and Negotiation among other ADR courses.
Professor Hinshaw is active in the ADR community having served on several academic and professional committees at the state and national levels. Currently, he serves as a member of the ABA's Standing Committee on Mediator Ethical Guidance. Additionally, he is a Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law and is a contributor to Indisputably, the ADR Prof Blog. Outside of the ADR realm, Professor Hinshaw is a member of the Arizona Commission on Judicial Conduct.
Professor Hinshaw joined the College of Law faculty after teaching at the University of Missouri School of Law and at the Washington University School of Law in St. Louis. Before his academic career, he practiced law in Kansas City, Missouri.
In this inspirational talk, Douglas Noll, a nationally recognized speaker and full time peacemaker and mediator specializing in difficult, complex and intractable conflicts, will lead attendees on a journey of peacemaking through the stories of some powerful peacemakers: from Alissa Sears, who responded to the post-tsunami disaster relief in Sri Lanka, to Kimmie Weeks left for dead at 9 years old in a Liberian refugee camp, to the remarkable story of murderers becoming peacemakers. Doug will demonstrate how every person has the power to be a peacemaker and that mediating is not all about settling cases but rather the profound effect mediators have on the world if they choose to do so.
Experience how mindfulness, and a focus on energy and depth can transform a mediation from rote settlement to warm neutrality and a caring connection. Revitalize yourself and bring your whole self to the process.
Elizabeth Schwartz, Esq. will give an overview of the unique legal and social issues facing the Lesbian, Gay, Bisexual and Transgender (LGBT) communities. A survey of the state of the law as it relates to LGBT rights nationally and statewide will be provided as will tips on dealing with the LGBT population, including suggestions for being a culturally competent mediator. Specific legal issues will be addressed including those related to the areas of estate planning, immigration, criminal defense, real estate, corporate entities, and family law.
Skilled mediators shape the process to be most productive for each individual case. This presentation offers mediator skills and techniques which will help you determine if, when and how to use caucus and how to promote and facilitate direct communication and negotiation, ensuring more durable resolutions and party satisfaction.
Harry G. Goodheart III, lives in Tryon, North Carolina, where he divides his time between
conflict resolution projects and his antiquarian bookstore. A Certified Mediator in Florida,
North and South Carolina, Harry has mediated many complex and multi-party cases since
1988, and provides certification and advanced mediator and negotiation courses for the
South Carolina Bar and Charleston School of Law. He has taught for the National Judicial
College and earlier this year led an advanced mediation workshop in Kerikeri, New Zealand.
A Member of the Florida Bar since 1973, Harry practiced law in Bradenton and served as a member
of the Board of Governors of the Florida Bar and the Florida Supreme Court Rules Committee for
Mediation and Arbitration. He is a Diplomate and former President of the American College of Civil
Trial Mediators, and is the 1998 Award of Merit recipient from the Florida Academy of Professional
Mediators, in recognition of outstanding contributions to the mediation profession.
George Knox, a master educator, is back! In this year’s ethic plenary, Mr. Knox will offer his insights on self-determination and mediator impartially. Acting Chief of ADR Susan Marvin joins the plenary mid-way to engage her co-presenter with real world disciplinary examples. Thought provoking, engaging, interactive.