Video recording: Class action mediation is a unique type of mediation. This is because a mediated class settlement will bind the rights and obligations of absent participants (class members), raise serious due process concerns (far broader than the mechanics of notice), present detailed issues with respect to the defendant(s)’ obtaining of complete peace, and are subject to scrutiny and analysis by the trial judge and potentially appellate judges. Mediators who have not had much experience with class actions should be aware of special issues related to mediating class actions.
Video recording: This workshop will focus on mediating parties known to the mediator. It will highlight disclosing to party's relationship history and the ability to remain neutral. Mediators will learn how to assess themselves for appropriateness and examine their ability to remain neutral or recuse themselves.
This session will be repeated during Workshop Series C.
Video recording: Advanced Mediation Strategies for Handling the Toughest Situations A sixty-minute course taught by veteran mediators and trial lawyers on strategies for handling the toughest situations that commonly derail mediation. This seminar is based on techniques outlined in the “Florida Mediation Best Practices Handbook” which contains mediation strategies contributed by over 800 mediators and trial lawyers.
Video recording: A two-person panel discussion presenting tested, effective mediation solutions to multiple mediation obstacles, such as: confidentiality in pre-suit matters involving pro se parties (HOA or multi-vehicle accidents); addressing changes in pre-mediation offers that appear to doom any chance of resolution; last-minute substitution of a disruptor party in the mediation conference; collectability issues; and additional topics as time permits.
Video recording: English is the language of our court system, but this is Florida, and many people in our state speak another language and no English, prefer another language to English, or are bi-lingual or multilingual. This workshop reviews the various the scenarios where multiple languages come into play during mediation. How can a mediator - either monolingual or multilingual - approach them and not run afoul of ethical rules and opinions or court rules?
This session is a repeat from Session A3.
Video recording: This workshop will introduce mediators, regardless of technology skill level, to artificial intelligence platforms such as ChatGPT and ChatSonic. Mediators will learn how “large language models” work, how to use them, and how AI is being used by litigators and parties. The mediator will learn specific prompts and leave with functional knowledge; specifically, the mediator will learn how “Chat AI” can be used to expedite back-office processes as well.
Video recording: This workshop will focus on mediating parties known to the mediator and will highlight disclosing to parties relationship history and the ability to remain neutral. Mediators will learn how to assess themselves for appropriateness and examine their ability to remain neutral or recuse themselves.
Video recording: Disputes between parties -- and even discovery disputes between lawyers -- have become increasingly more technologically complicated. These issues can arise in even non-tech related cases (e.g., phone and social media records sought in accident cases; metadata sought in commercial cases; social media info sought in family cases). Make sure you understand the basic concepts of e-discovery, ESI, production of emails vs. PDFs, preservation requirements, social media discovery, subpoenas to internet providers, etc. before you mediate your next case.
Video recording: Where does Florida rank in the trafficking atrocity? Who are the likely victims? How does the internet fan the spread of trafficking? How can we, personally, take action to protect our families and communities from trafficking? This workshop will address these questions and more!
Video recording: This session begins by exploring simple, but powerful tools lawyers, mediators and parenting coordinators can use to settle difficult disputes. Attendees will learn to eliminate obstacles applying effective “strategies for solutions” to orchestrate opportune information-sharing, restore broken trust, advance problem-solving dialogue, and avoid passive-aggressive behaviors.
Video recording: Introduction to mindfulness and how it can impact mediation and lead to more positive and ethical outcomes. This is not your typical interest-based negotiation technique or how to identify and utilize leverage. Rather, this is about adjusting and fine-tuning your own perspective as a mediator and the perspective of those around you during mediation to facilitate better outcomes.
Video recording: In this workshop, participants will learn strategies to achieve the best chance of resolution including: pre-mediation preparation (submissions to mediator, preparing the client for reasonable expectations, understanding the process); during mediation techniques (speaking with attorneys without clients (with consent of parties), mediator proposals, benefit of adjournments in certain cases); and post
mediation action (benefits of a cooling off period, follow up, identify areas where progress made).