Conference Agenda

CME Legend:

Appellate (A)

Cultural/Diversity Awareness (CD)

Domestic Violence (DV)

Ethics (E)

General (G)

Train the Trainer (T)

  • August 14, 2014
  • 1:00 PM  -  5:00 PM
    Pre-Conference Workshop, DV: What Mediators Need to Know and Why Being Informed Matters
    Domestic violence can be an issue in any type of mediation – county, dependency, family or circuit. What is domestic violence? How do mediators – people who come from radically different personal and professional backgrounds - recognize it? If a mediator thinks there is an issue, what then? This 4-hour workshop will define domestic violence; explore the various categories under the umbrella of domestic violence; and, help mediators dissect and diagnose parties’ body language, their actions, and what they say in session to determine if domestic violence is an issue. If domestic violence is an issue, we will provide the tools you need to address it.
    4:00 PM  -  7:00 PM
    Registration Check-in
  • August 15, 2014
  • 7:00 AM  -  8:15 AM
    Breakfast
    7:00 AM  -  5:30 PM
    Registration Check-in
    8:30 AM  -  10:15 AM
    Opening Plenary, (2.1 CME)
    Keynote Speaker:
    10:15 AM  -  10:30 AM
    Break
    10:30 AM  -  12:15 PM
    10 Tips To A Successful Mediation (G)

    The presentation outlines ten practical ways new, and not so new, mediators can do to help make their next mediation more successful. It is based on the real life experiences of two full-time 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.

    10 Tips to a Successful Mediation

    Speakers:
    10:30 AM  -  12:15 PM
    Agreements Gone Wild (Family)
    As Family Mediators one of our goals is to prepare agreements that accurately clarify and reflect the parties' intentions. We believe that when mediators write clear and comprehensive agreements future questions are answered and potential conflicts can be averted. In this session we will use actual agreements - found in courthouse files - to highlight how easy it is to omit critical information and leave the parties open to future conflict. Whether you mediate with Pro-Se or Represented clients, if you are writing Marital Settlement Agreements and Parenting Plans, this session with Mediators Elinor Robin, PhD and David Spofford, Esq, will prepare you to write better agreements.
    10:30 AM  -  12:15 PM
    Coercion in the Parenting Coordination Process: A Hybrid Role with Ethical Challenges (non CME)

    making authority, and facilitating conflict resolution. The different“models” of Parenting Coordination (Carter, 2011) which currently exist in North America will be reviewed along with a brief overview of research on this process (Carter, 2014). Ethical challenges including informed consent, confidentiality, dual roles and coercion within the PC process will be addressed. The workshop will also highlight the need for balancing protection of parties and PC practitioners and the utility of a local, jurisdictional procedure for oversight of the Parenting Coordination process.

    Coercion in the Parenting Coordination Process

    Speakers:
    10:30 AM  -  12:15 PM
    County Mediation Practices (County/G)
    Do you remember the training when you became a County Mediator? The workshop Will use the r.o.p.e method in helping us recall the practices of a County Mediator. This training will be interactive with group activity
    10:30 AM  -  12:15 PM
    Lawyers', Parties' and Mediators' Roles within the Standard of Self-Determination (G)

    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.

    Lawyers', Parties' and Mediators' Roles 1, Lawyers', Parties' and Mediators' Roles 2

    Speakers:
    10:30 AM  -  12:15 PM
    Mediators’ Responses to Challenges Posed by Changes in Court Administration and Practice of Law(G)

    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.

    Mediators’ Responses to Challenges

    Speakers:
    10:30 AM  -  12:15 PM
    Mediators’ Responses to Challenges Posed by Changes in Court Administration and Practice of Law(G)

    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.

    Mediators’ Responses to Challenges

    Speakers:
    10:30 AM  -  12:15 PM
    Navigating the Waives When Parties Waive Mediator Conflicts (E)

    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.

    Navigating the Waves 1, Navigating the Waves 2

    10:30 AM  -  12:15 PM
    Organizational Conflict Management: the Emergence of Mediators & Conflict Resolution Consultants (G)

    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.

    Organizational Conflict Management 1, Organizational Conflict Management 2, Organizational Conflict Management the Emergence

    10:30 AM  -  12:15 PM
    Practice Guide to "Conscious Uncoupling" (Family)

    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.

    Practice Guide to Conscious Uncoupling

    10:30 AM  -  12:15 PM
    Understanding Me, Understanding You (CD)

    This seminar will provide insight into the cultural differences between each ethnic/racial/national community and other classifications of cultures, as well as discuss basic strategies and tools for effectively addressing cross-cultural differences in mediation.

    Understanding Me

    10:30 AM  -  12:15 PM
    Understanding Sharia & Family Law Mediation (CD)

    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.

    Understanding Sharia, Understanding Sharia Outline

     

    Speakers:
    12:15 PM  -  1:45 PM
    Luncheon
    1:45 PM  -  3:30 PM
    Brief Overview of the Appellate Process and Its Relationship to an Appellate Mediation (A)

    This presentation is designed to familiarize appellate mediators with a brief overview of the appellate court's basic decision-making components (e.g. standards of review, preservation of error, etc.) and how such components may impact the decision-making process at an appellate mediation. This workshop will be interactive in nature with participants sharing their respective tips and strategies for a successful appellate mediation.

    Brief Overview of the Appellate Process

    Speakers:
    1:45 PM  -  3:30 PM
    It's Complicated: Mediation Appearance, Authority & Agreements (E)

    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. A review of topical ethical opinions will also be included.

    It's Complicated Mediation Appearance 1, Its Complicated Mediation Appearance 2, Its Complicated Mediation Appearance 3, Its Complicated Mediation Appearance 4,Its Complicated

    1:45 PM  -  3:30 PM
    Lost in the Translation (CD)
    Whether an individual is speaking or not, s/he is always communicating. In this workshop, we will learn more about interacting with different cultures, to understand the influence of language and culture on communication, and understanding how the Rules apply when parties and mediator may not share the same language.
    Speakers:
    1:45 PM  -  3:30 PM
    Mediation, a Critically Important Peace-Building Tool (G)

    Mediation is an internationally accepted and rapidly growing conflict resolution and peace-building tool which is increasingly used to resolve conflicts by: (1) developing the use of mediation in the judicial system to strengthen the rule of law; (2) reducing the risk of violence by the use of mediation to encourage economic growth both internally and internationally; and (3) avoiding violence and preventing conflict by creating meaningful mediation and dialogue between disparate community groups holding strongly differing views. This presentation focuses on reducing internal risks and threats from violence through the use of mediation.

    Mediation, A Critically Important Peace Building T

    Speakers:
    1:45 PM  -  3:30 PM
    Organizing and Structuring Complex Multi-Party Mediations (Circuit/General)

    Organizing and structuring the complex issue, multi-party mediation session - from initial acceptance of the case and defining terms of engagement, to final follow up procedures, this program explores different ways to make the mediation of complex multi party cases manageable and productive. The program will explore methodology for pre-mediation organizational sessions with counsel and faciltiating a mutually acceptable session format, agenda and schedule, as well as appropriate sequencing of discussion and resolution of claims, counterclaims, and third party claims.

    Organizing and Structuring Complex

    Speakers:
    1:45 PM  -  3:30 PM
    Practicing Family Mediation in Florida (Family/G)

    An open and frank discussion regarding the perspectives, different areas of practice, and challenges faced by a family mediator.

    Practicing Family Mediation in Florida

    Speakers:
    1:45 PM  -  3:30 PM
    Pros and Cons of Nonbinding Arbitration (non CME)

    This workshop will give both the novice and the intermediate an opportunity to learn, discuss, and improve the process of court-ordered non-binding arbitration. Through a mix of lecture and audience participation, the attendee will gain knowledge of the non-binding arbitration process; compare it with other ADR processes; discuss the benefits and detriments of the process to parties, counsel, and the courts; and make suggestions about how to improve the process.

    Pros and Cons of Nonbinding Arbitration 1, Pros and Cons of Nonbinding Arbitration 1

    Speakers:
    1:45 PM  -  3:30 PM
    Taking Myself and My Mediation Process to the Next Level (G)

    Is there such a thing as a collaborative type person? What personal development empowers mediation professionals to cooperate and communicate effectively in the process? If you are like us, you appreciate the skills it takes to scaffold the highest levels of cooperation, communication, agreement, and positive results possible, for people that can no longer communicate at even base levels. This training will help you personally identify your growing edge to being even more effective in the process of mediation, and also in cooperating and communicating at the highest levels in your own life.

    Taking Myself and My Mediation Process

    Speakers:
    1:45 PM  -  3:30 PM
    Understanding Me, Understanding You (CD)

    This seminar will provide insight into the cultural differences between each ethnic/racial/national community and other classifications of cultures, as well as discuss basic strategies and tools for effectively addressing cross-cultural differences in mediation.

    Understanding Me, Understanding You

    1:45 PM  -  3:30 PM
    When Families Age & Conflict Continues: Eldercaring Coordination for High Conflict Cases (NON CME)

    The Florida Chapter of the Association of Family and Conciliation Courts (FLAFCC) has created a Task Force to address cases in which family conflict resurfaces when the parents age, or evolves from decisions being made on behalf of an aging parent or other loved one. In an unprecedented effort involving 20 Florida Statewide organizations, the FLAFCC Task Force on Eldercaring Coordination is collaborating with a national/Canadian effort spearheaded by the Association for Conflict Resolution Task Force to transform parenting coordination to cases with concerns about an elder. Participants will have an opportunity to provide input to this developing field, becoming a resource to the Task Forces in this groundbreaking project. This project supports interdivisional court collaboration to fill this gap in ADR processes, broadening the definition of high conflict families in the court.

    When Families Age and Conflict Continues 1, When Families Age and Conflict Continues 2, When Families Age and Conflict Continues 3

    3:30 PM  -  3:45 PM
    Break
    3:45 PM  -  5:30 PM
    Keynote: The Use, Overuse and Misuse of Caucus in Mediation (G)

    Skilled mediators shape the process to be most productive for each individual case. This Keynote 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.

    Keynote Use, Overuse and Abuse of Caucus

    Speakers:
    6:00 PM  -  8:00 PM
    Luau Dinner Reception
  • August 16, 2014
  • 7:00 AM  -  7:50 AM
    Breakfast
    8:00 AM  -  9:45 AM
    ADR Educators Roundtable: Facilitated Discussion of Current Issues, Trends, and Best Practices (T)

    This highly interactive session will focus on trends and developments in ADR education and training. Led by professors Robert Shearer and Jeanne Maes and former judge Kenneth Simon, the session will provide opportunities for seasoned ADR educators and trainers to share best practices and lessons learned with each other as well as with participants who are interested in developing or enhancing their own involvement in the field.

    ADR Educator Roundtable 1, ADR Educator Roundtable 2

    8:00 AM  -  9:45 AM
    Brief Overview of the Appellate Process and Its Relationship to an Appellate Mediation (A)

    This presentation is designed to familiarize appellate mediators with a brief overview of the appellate court's basic decision-making components (e.g. standards of review, preservation of error, etc.) and how such components may impact the decision-making process at an appellate mediation. This workshop will be interactive in nature with participants sharing their respective tips and strategies for a successful appellate mediation.

    Brief Overview of the Appellate Process

    Speakers:
    8:00 AM  -  9:45 AM
    Cultural Diversity - Mediation and Understanding the Middle East (CD)
    Cultural Diversity - mediation with people from the Middle East and others (expatriates) who lived, studied and or worked in the areas of the Arabian Gulf, the Persian Gulf, the Gulf of Oman, the Red Sea and the Mediterranean Sea off of the Israeli coast. Presenter will talk on his own personal experience as a diplomat for the U.S. State Department and as a military officer for the U.S. Army negotiating in and around the Middle East and North Africa. Presenter will explain cultural difference and how to influence interactions between people and the mindset behind them.
    Speakers:
    8:00 AM  -  9:45 AM
    Marketing Strategies for Mediators (G)

    Marketing Strategies for 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?

    Marketing Strategies Ppt, Marketing Strategies 2

     

    Speakers:
    8:00 AM  -  9:45 AM
    Navigating the Waives When Parties Waive Mediator Conflicts (E)

    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.

    Navigating the Waves 1, Navigating the Waves 2

    8:00 AM  -  9:45 AM
    Out-of-the- Box and Out-of-the-Courtroom: Private Law, A new Model for Divorce Resolution (Family)
    In this session Kenneth A. Gordon, Esq., a Board Certified Specialist in Marital and Family Law, and Mediation Trainer Elinor Robin, PhD 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.
    8:00 AM  -  9:45 AM
    Practice Guide to "Conscious Uncoupling"(Family)

    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.

    Practice Guide to Conscious Uncoupling

    8:00 AM  -  9:45 AM
    Pros and Cons of Nonbinding Arbitration (non CME)

    This workshop will give both the novice and the intermediate an opportunity to learn, discuss, and improve the process of court-ordered non-binding arbitration. Through a mix of lecture and audience participation, the attendee will gain knowledge of the non-binding arbitration process; compare it with other ADR processes; discuss the benefits and detriments of the process to parties, counsel, and the courts; and make suggestions about how to improve the process.

    Pros and Cons of Nonbinding Arbitration 1, Pros and Cons of Nonbinding Arbitration 2

    Speakers:
    8:00 AM  -  9:45 AM
    Real World Mediation Ethics (E)

    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.

    Real World Mediation Ethics - E

    Keynote Speaker:
    8:00 AM  -  9:45 AM
    Stimulating Productive Negotiation: Before, During and Sometimes after the Mediation Conference (G)
    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
    Speakers:
    8:00 AM  -  9:45 AM
    The Real Deal (G)

    The Real Deal. Join facilitators Stanley Zamor and Jeanne Potthoff for an interactive workshop whereby you will be presented with real county court mediation scenarios. Participants will discuss the best practices for "dealing" with these scenarios.

    The Real Deal

     

    8:00 AM  -  9:45 AM
    What We Learned at the Statewide Mortgage Modification Mediation Bankruptcy Summit (E)

    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!

    What We Learned at the Statewide Mortgage Modifica

    9:45 AM  -  10:00 AM
    Break
    10:00 AM  -  11:45 AM
    Arbitration Update (non CME)

    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.

    Arbitration Update 1

    Speakers:
    10:00 AM  -  11:45 AM
    Asking Questions in Mediation? Tell Me More! (G)

    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.

    Asking Questions, Asking Questions Handout

     

    10:00 AM  -  11:45 AM
    Building a Successful Mediation Practice: A Comprehensive Marketing Strategy (Circuit/General)

    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.

    Building a Successful Mediation Practice

    Speakers:
    10:00 AM  -  11:45 AM
    Collaborative Practice: What Is It and Why Do We Do It? (NON CME)

    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.

     Collaborative Practice Ppt

    10:00 AM  -  11:45 AM
    Cross-Cultural Considerations in the Mediation Process (CD)

    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.

    Cross Cultrural Considerations

    Speakers:
    10:00 AM  -  11:45 AM
    iPad / iPhone Apps (and Other Technology) for Mediators (G)

    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.

    IPad, IPhone Apps

    Speakers:
    10:00 AM  -  11:45 AM
    It is Really True: Disciplinary Cases Involving County Mediators (E)
    This interactive, advanced county ethics workshop is designed for mediators who conduct small claims and county court mediations. The workshop will focus on common violations of the Florida Rules for Certified and Court-Appointed Mediators and existing cases which serve as examples of the violations. The workshop will also provide information about the grievance process; the difference between a Mediator Qualifications Board (MQB) case involving good moral character issues and one involving a violation of the ethical standards; and the sanctions cases posted on the Dispute Resolution Center’s website.
    Speakers:
    10:00 AM  -  11:45 AM
    Mediators’ Responses to Challenges Posed by Changes in Court Administration and Practice of Law (G)

    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.

    Mediators’ Responses to Challenges

    Speakers:
    10:00 AM  -  11:45 AM
    Never As Good As the First Time: How to Make Each Mediation Fresh (G)
    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.
    Speakers:
    10:00 AM  -  11:45 AM
    Parenting Coordination: What Drives Parental Conflict after Divorce (NON-CME)

    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.

    Parenting Coordination 1, Parenting Coordination 2

    Speakers:
    10:00 AM  -  11:45 AM
    Practicing Family Mediation in Florida (Family/G)
    An open and frank discussion regarding the perspectives, different areas of practice, and challenges faced by a family mediator.
    Speakers:
    11:45 AM  -  12:45 PM
    Lunch
    12:45 PM  -  2:30 PM
    Ethics Plenary
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