Welcome by Florida Supreme Court Justice Jamie Grosshans and Thomas A. (Tad) David, Chief of ADR, followed by the DRC Awards Presentation
9:00am - 9:45am
Break
9:45am - 10:00am
Introduction to Keynote Presenter and Keynote Presentation: Insights on Mediator Practices and Perceptions by Professor Thomas Stipanowich, Pepperdine Caruso School of Law
10:00am - 11:15am
Break
11:15am - 11:30am
Session A1:"True Confessions Part I" - What Trial Lawyers and Their Clients Really Want from Mediators
(Ethics CME)
11:30am - 12:30pm
A panel of veteran trial lawyers and client representatives, highly experienced and skilled at mediation, will share what makes them hire, and rehire, mediators. The panel will also reveal what mediators do that they like and don't like and share their ideas for how mediators can improve the mediation process. The panel will be emceed by the author of the Florida Mediation Best Practices Handbook, Harold Oehler, of Oehler Mediation.
Session A2:
The Mediator’s Playbook: Negotiation Tactics and Strategy for Mediation (General CME)
11:30am - 12:30pm
Neutrals are the referees in the game of negotiation. Our position allows us to witness the strategies being used by each side to get what they want, and the tactics deployed to achieve those purposes. However, most parties and legal professionals have very little specialized negotiation training. Most people approach negotiation from their natural conflict resolution style. This presentation will help you be a more effective neutral by improving your knowledge of conflict resolution strategies as well as negotiation tactics and techniques.
Session A3:
Taking the Dispute out of Resolution: Helping Battle-Weary Clients Get a Grip (General CME)
11:30am - 12:30pm
In this workshop, you’ll learn about the 7 Relationship Saboteurs that made your clients throw in the towel and how Stop, Drop, and Roll — the most powerful technique on my divorce mediation tool belt — can help your clients communicate and articulate what they want from you. Full of real-life examples and ample time to ask questions, this workshop will add four actionable items to your toolbox arsenal to help you resolve disputes more effectively.
Session A4:
Widening Your Professional Lens from Young to Old: Reframing Aging in ADR (Ethics & Diversity CME)
11:30am - 12:30pm
While the global focus on older adults has been so vibrant in the past few years, evidence and implications of ageism are more pronounced than ever. This powerful presentation addresses constructive and ethical practices during ADR processes involving older adults. Enhancing our understanding of aging and ageism, reframing ethical decision making, and refining tools available to professionals are some of the ways in which the ADR experience could become age inclusive, while encouraging positive intergenerational and intercultural interactions.
Session A5:
Intervention Strategies for Mediators: How to Address and Tackle Interpersonal Violence (IPV CME)
11:30am - 12:30pm
This workshop covers highly relevant and critical concepts beneficial for mediators to address and tackle Interpersonal Violence effectively and acquire rich knowledge regarding IPV Intervention Strategies. Topics include Interpersonal Violence & Domestic Violence definitions, Power & Control, IPV & Mediation, Criteria for effective screening and for excluding cases, Confidentiality, Accommodations, Risks, Intervention, Reporting, Emotional Concerns, Unhealthy Relationships, Trauma, Resources & Services for Survivors, Restraining Orders, Victim Advocacy, Communication, and Shuttle Diplomacy.
LUNCH BREAK
12:30pm - 1:30pm
Ethics Plenary: MEAC Overview: Update on Recent Opinions by Christy Foley, Chair, Mediator Ethics Advisory Committee
1:30pm - 2:30pm
BREAK
2:30pm - 3:00pm
Session B1: Don’t Wait Until This Happens to You! Steps for Preventing (or Dealing With) a Mediator Subpoena (Ethics CME)
3:00pm - 4:00pm
As a mediator, you play a key part in the administration of justice by fostering joint problem solving and exploring settlement alternatives, in a presumptively confidential environment. One day, a process server knocks on the door of your home, and you are served with a subpoena. You are commanded to appear to testify in litigation and/or produce documents related to the mediation! Learn to deal with a subpoena when it is served, understand the scope of confidentiality – when it applies and when it does not – and protect yourself and the privilege of the mediation process.
Session B2: Mediating Class Actions (General CME)
3:00pm - 4:00pm
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.
Session B3: Uncommon Solutions to Common Mediation Obstacles (General CME)
3:00pm - 4:00pm
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.
Session B4: Artificial Intelligence: ChatGPT for Mediators (General CME)
3:00pm - 4:00pm
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.
Session B5: Human Trafficking in Florida (IPV CME)
3:00pm - 4:00pm
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?
BREAK
4:00pm - 4:15pm
Session C1: Self-Determination & Stalemates (Ethics CME)
4:15pm - 5:15pm
This workshop will cover techniques in ethically breaking a stalemate. Topics include meeting with counsel without clients (with client’s consent) and recognizing the signs of a party who is not making decisions of their own volition/self-determination due to pressure, duress, or coercion. These areas should be addressed in the mediator’s opening statement and throughout the mediation as necessary so that all parties are comfortable with the process.
Session C2: Impasse Management 2.0 - Overcoming Barriers to Agreement & Settlement Building (General CME)
4:15pm - 5:15pm
Discover tried and proven strategies for working through and past the emotional and rational barriers to resolution in mediated settlement negotiations. This workshop will explore a "triaged" approach to managing impasse, identify effective emotional interventions, and overview a variety of analytical techniques for negotiating settlement options and framing proposals. Expert faculty consisting of behavioral science and legally trained mediators present recent discoveries in the field using a multi-media learning approach. Don't miss this ground-breaking workshop!
Session C3: Marketing Your Mediation Practice (General CME)
4:15pm - 5:15pm
In today’s practice, you need to have a wide-reaching presence. Let’s talk about how to improve your mediation practice, from creating an interactive website, using social media effectively, and networking both in person and virtually.
Session C4: A Mediator’s Ace in the Hole: Objective and Optimistic Reflection (Ethics CME)
4:15pm - 5:15pm
Keeping your words neutral and positive takes careful thought and practice. Mediators will track ethical rules and learn valuable phrases and practices to neutrally reflect party positions in mediation. Plus, this workshop will discuss how a positive tone can be a win-win for all parties in your mediation.
Session C5: Building Psychological Safety in Mediation (IPV CME)
4:15pm - 5:15pm
The workshop provides participants a trauma-informed framework to understand the challenges our nervous systems experience when navigating conflict as well as tools for shaping psychologically-safe conflict navigation/mediation processes. Among other sources, this class draws upon the work of Amy Edmondson as a foundation for the concept of psychological safety, and the work of Stephen W. Porges and Deb Dana as a foundation for the concept of neuroception and polyvagal theory.
Closing Remarks
5:15pm