Oct
16
Sun
Mediation Week
Oct 16 @ 8:00 am – Oct 22 @ 5:00 pm

The ABA recognizes the third week in October as Mediation Week to educate the public about mediation. During Mediation Week, the ABA encourages all to recognize the importance of the work of neutrals, advocates, and policymakers and celebrate the strides we have made in institutionalizing mediation as a dispute resolution process. Florida Supreme Court Chief Justice Carlos Muñiz has issued a proclamation “to extend greetings and best wishes to all who are observing Mediation Week, October 16 through 22, 2022.”

The ADR Section wants to be a part of this year’s Mediation Week festivities by hosting “Mediation Mixers” at various locations around the state. We encourage you to join your fellow mediators at a mixer for networking and fun. Here are some events that are in the works:

Image of a proclamation

Oct
19
Wed
Fort Lauderdale Mediation Mixer @ American Social – Las Olas
Oct 19 @ 4:00 pm – 7:00 pm

October 19 Fort Lauderdale Mediation Mixer at American Social – Las Olas, 721 E. Las Olas Blvd., Fort Lauderdale, FL  33301, 5:30 – 7:30 p.m.): Lori Adelson, Lori@ApprovedADR.com and Fran Tetunic, tetunic@nova.edu.

West Palm Beach Mediation Mixer @ The Treehouse
Oct 19 @ 6:00 pm – 8:00 pm

October 19 West Palm Beach Mediation Mixer at The Treehouse, 380 Trinity Place, West Palm Beach, 6 – 8 PM. Please contact Adam Myron, AMyron@Cagnetmyronlaw.com, Shari Elessar, sharielessaresq@gmail.com, and Cristina Maldonado, acmaldonado@uww-adr.com.

Oct
20
Thu
Miami Mediation Mixer @ American Social - Brickell
Oct 20 @ 5:30 pm – 7:30 pm

October 20 Miami Mediation Mixer at American Social – Brickell, 690 SW 1st Ct., 33130/5:30 – 8:30 PM):  Patrick Russell, pr@meaningful-mediation.com. Sponsors/Hosts:  Steven Chaneles and Salmon & Dulberg Dispute Resolution. Complimentary appetizers and cash bar. Valet parking available onsite.

Oct
27
Thu
Orlando Mediation Mixer @ The Monroe
Oct 27 @ 5:00 pm – 7:00 pm

October 27 Orlando Mediation Mixer at The Monroe, 448 N. Terry Avenue, Orlando, 5 – 7 PM. Please contact Lawrence Kolin, Lkolin@uww-adr.com, and Roy Kobert, roy.kobert@gray-robinson.com.

Nov
2
Wed
The Business of People – Using Mindfulness to Resolve Internal and External Conflicts @ Live GoToWebinar
Nov 2 @ 12:00 pm – 12:55 pm

Live GoToWebinar by Patrick Russell, Esq., Gus Castellanos, M.D., and Gen Kelsang Tashi, a Buddhist monk and the Resident Teacher at the Kadampa Meditation Centers. Course number 6561 is approved for 1.0 General CLE credit; 1.0 Mental Illness Awareness Credit. ADR Section members register for only $50. REGISTER

Who should attend? All lawyers who want to reduce stress and improve happiness and job satisfaction while improving their negotiation and dispute-resolution skills. Learn techniques to not only reduce your own stress but also how to improve your skills and outcomes when dealing with others in negotiation and dispute resolution.

Program Description:  Enhancing the quality of your interactions with people is just as important as subject matter expertise when resolving legal disputes. As a lawyer, working on strategies for improving your own internal conflicts, time limitations, and the stress of the legal profession is the first step to improving how you interact with others. Coupling this with strategies for how to better interact with others, be that clients, opposing parties, or other legal counsel, will enhance those interactions and improve your negotiation skills and outcomes. Mindfulness is one critical tool that accomplishes both purposes.

Learn about the basics of mindfulness during a unique and unscripted roundtable discussion between three different practitioners: (1) a lawyer and Florida Supreme Court certified mediator; (2) a retired board-certified neurologist who is a Mindfulness-Based Stress Reduction (MBSR) teacher; and (3) a Buddhist monk. This discussion will identify the indicators and impact of unchecked stress; how to better manage yourself, and how to better deal with others. A simple breathing meditation practice will be demonstrated at the end of the presentation.

Image of a man in a suit (Patrick Russell)Patrick Russell, Esq., is a full-time mediator with Salmon & Dulberg Dispute Resolution and has been certified as a Florida Supreme Court Civil Circuit Mediator since 2009. Patrick is a graduate of the University of Miami School of Law, has been a lawyer since 1994, and is the former Chair for the ADR Section of The Florida Bar (2021-2022).

As a mediation philosophy, Patrick’s core values are honor, professionalism, and courtesy. He uses an integrated approach to problem-solving by fostering an environment that promotes meaningful and peaceful discussions between the parties. His mediation goal is to unleash peace to have less conflict and more resolution. He promotes cooperation and coalition-building to enhance resolution opportunities. When parties mindfully listen, speak and act during mediation, they can better understand one another, trust one another, share information, and are in a better position to resolve their differences.

 

Image of a man standing with arms outstretched (Gus Castellanos)Gus Castellanos, M.D. graduated from the University of Miami Miller School of  Medical School in 1980. He practiced Neurology & Sleep Medicine in northern Palm Beach County, retiring in 2006. Gus began practicing mindfulness after attending an MBSR course in 1998 at Jupiter Medical Center and was instrumental in developing their Mindfulness Center. In 2009, he began teaching and researching mindfulness-based programs.  He has taught hundreds of classes and workshops throughout South Florida, including at the University of Miami, the University of Miami Miller School of Medicine, FIU College of Medicine, FAU School of Social Work, Mindful Kids Miami, Children’s Services Council of Palm Beach and Broward, US Army, College of Advanced Judicial Studies, Akerman, LLP, Searcy, Denny, Scarola, Barnhart Law Firm, Conference of County Court Judges of Florida, Nova Southeastern University, Palm Beach Fire Rescue, and Sari Center for Integrative Cancer Care.

Gus is trained and certified to teach MBSR by the University of Massachusetts Medical School Center for Mindfulness and trained with Scott Rogers, JD and Amishi Jha, Ph.D. at the University of Miami. In 2011 he delivered a mindfulness program at a local prison and continues to hold weekly mindfulness sessions there. Gus is an adjunct instructor at Nova Southeastern University, where he teaches and researches mindfulness. He is the mindfulness teacher for GEN2050, a program for under-resourced teens in Miami.  Gus lectures widely, writes a twice-monthly Mindfulness newsletter with 2500 subscribers, and serves on Palm Health Foundation’s Better Brain Health Advisory Board.

Image of a smiling man (Gen Kelsang Tashi)Gen Kelsang Tashi is a Buddhist monk and the Resident Teacher at the Kadampa Meditation Centers in both Miami and Fort Lauderdale. He has been practicing meditation and mindfulness for over 15 years, and has taught many classes, events, and retreats throughout Florida. He is appreciated for his clear, light-hearted, and practical instruction on how to develop and maintain a more peaceful and positive state of mind in daily life.

Nov
8
Tue
November Arbitrator’s Forum @ Zoom
Nov 8 @ 8:00 am – 9:00 am

The Arbitration Committee of The Florida Bar’s ADR Section instituted the “Arbitrator’s Forum” designed to create a community of better arbitration neutrals in our state. Let us listen and learn from each other by talking through common arbitration challenges and how they might be better resolved. Arbitrators are invited to join your fellow Florida neutrals to discuss what works, what puzzles you, and why might improve your practice.

Bring a fellow arbitrator and join us for the next forum session on Tuesday, November 8, 2022, 8 – 9 AM. We will be discussing, Arbitrator Disclosures and Ethical Obligations to the Parties and Witnesses. Keep your calendars marked for the monthly forum sessions! Learn more here.

What: TFB ADR Section’s Arbitrator’s Forum
When: Second Tuesday of each month
Time: 8 – 9 AM
Where: Join Zoom Meeting:  https://us02web.zoom.us/j/81710094208?pwd=V0NBLzhwdWtmYnNxM1Z5TW1Qb2pyUT09
Meeting ID: 817 1009 4208
Passcode: 567343

Come share your ideas and help us identify other topics to explore at future sessions. We hope to see you there!
Please contact the ADR Section Arbitration Committee Chair, Patricia H. Thompson, FCIArb, by phone at (305) 794-4345 cell, (305) 371-5267 office, or by email at pthompson@jamsadr.com, for more information.

Nov
9
Wed
Professionalism and ADR – Lessons Learned @ Live GoToWebinar
Nov 9 @ 12:00 pm – 12:50 pm

12 – 12:50 PM Live GoToWebinar by Thomas A. “Tad” David, Florida Courts Dispute Resolution Center Chief of Alternative Dispute Resolution. Course number 6601 is approved for 1 CLE credit, all of which may be applied toward Professionalism. ADR Section members register for only $50. REGISTER

The presentation will focus on providing an overview of the attorney professionalism standards as it relates to Alternative Dispute Resolutions and a meaningful practice that considers professional standards of both the lawyer and the Mediator.  First, it will highlight the current relevant rules of attorney professionalism and Mediator Ethics opinions. Second, it will share specific real-life scenarios where mediators have been disciplined for their unprofessional conduct. The third and last segment will be an interactive thought-provoking discussion, building on the other two sections, using various scenarios to analyze how the professional standards interact with the discipline sanctions.  The participants will gain a broad understanding of how the professional rules apply to the every day practice of law and to alternative legal disputes.

Thomas A. "Tad" David

Thomas A. “Tad” David has been the Chief of Alternative Dispute Resolution for the Office of the State Courts Administrator since July 2021.  Prior to coming to the Dispute Resolution Center, Mr. David held several positions within all three branches of state government.  Mr. David’s service to the state includes a tenure as General Counsel for OSCA from 2014 through 2018. Before coming to work with the state, he began his legal career in private practice and is licensed in Florida and Georgia.  Mr. David received his B.B.A. from the University of Georgia in 1992, and his J.D. from Florida State University, College of Law in 2003.

Nov
16
Wed
Everything You Need to Know about Arbitration Appeals @ Live GoToWebinar
Nov 16 @ 12:00 pm – 1:00 pm

November 16, 2022, 12-1 PM live GoToWebinar by Patricia H. Thompson, FCIArb, JAMS and Glenn J. Waldman, AAA, AHLA, FINRA, CPR, ARIAS. Course number 6409 is approved for 1 General; 1 Appellate Practice CLE credit. Section members register for only $50. REGISTER

It is a myth that there is no right to appeal an arbitration award! Too few corporate and outside counsel understand the circumstances that give rise to the right of judicial or private appeal in arbitration. Part I of this webinar informs when and how parties can insure review of arbitration awards. Part II of this webinar informs the grounds for an appeal and the limitations thereof.

  • PART 1 – Patricia Thompson
    Contracting for the Private Right of Appeal:  Legality, timing, sample language, standard of review; and choice of arbitral organization and rules.
    o Private appeals should be fast. In an arbitration appeal, there are no crowded appellate dockets, motion practice, or months of delay for briefing, oral argument, and waiting for an appellate decision.
    o Private appeals should be cost effective. Time is money, and the parties could opt for one arbitrator for the underlying dispute, knowing that they can obtain review by three more on appeal.
    o Private appeals should be final. JAMS procedures prohibit remand for further hearing or “retrial” and limit the appellate panel’s authority to affirming, reversing, or modifying an award.
    o Private appeals should ensure an arbitration will be expertly and fairly adjudicated.
  • PART 2 – Glenn Waldman
    o The standard of review applicable to final awards
    o The timing of the right to an appeal of vacatur of a final award (and remand thereof)
    o Modification and/or correction of final awards
    o Vacatur of final awards due to arbitral misconduct
    o Vacatur of final awards due to exceeding arbitral powers
    o Vacatur of final awards based upon errors of fact and/or errors of law
    o Vacatur based upon manifest disregard of the law
  • Questions & Answers (5 minutes)

Image of a smiling woman (Patricia Thompson) Patricia H. Thompson, Esq. is an experienced JAMS arbitrator and mediator concentrating her practice in construction claims, employment discrimination, wage and non-compete disputes, fidelity and business insurance coverage analysis, and other complex commercial disputes. Regularly listed in The Best Lawyers in America, Chambers USA Guide to America’s Leading Business Lawyers, The International Who’s Who of Construction and Business Lawyers, Ms. Thompson is a fellow of both the American College of Construction Lawyers and the Chartered Institute of Arbitrators, and a member of Arbitral Women.

 

 

 

Image of a man standing in front of a window (Glenn Waldman)

Glenn J. Waldman, Esq. has been practicing law primarily in Florida’s state and federal courts (including appellate courts) for 40 years.

Glenn has been a certified mediator in state and federal court for over 30 years; and as an arbitrator, he is certified by the American Arbitration Association (AAA), American Health Law Association (AHLA), AIDA Reinsurance and Insurance Arbitration Society (ARIAS), International Institute for Conflict Prevention & Resolution (CPR), and the Financial Industry Regulatory Authority (FINRA).

He serves as an adjunct to the faculty of the AAA and AHLA for training new arbitrators and for continuing education of existing arbitrators.

He is a Member of the Executive Council of The Alternative Dispute Resolution Section of The Florida Bar and is a frequent lecturer on arbitration and mediation topics.

Glenn is also regularly appointed by Courts to serve as a Special Master, General Magistrate, Custodian and/or Attorney Ad Litem in complex commercial disputes.

Nov
30
Wed
Arbitration Can Be the Better Option: Tips of Success @ Live GoToWebinar
Nov 30 @ 12:00 pm – 1:00 pm

Live GoToWebinar by Tiffany N. Comprés, Esq., FisherBroyles. Chardean M. Hill, Moderator. ADR Section members register for only $50. Course number 6599 is approved for 1 General CLE credit. REGISTER

Have you ever considered arbitration as a viable dispute resolution process? Learn about the benefits of arbitration in comparison to litigation and mediation, and how to have a successful arbitration from the beginning to the end of the process.  This course will:

  • Identify options for dispute resolution
  • Help you learn the benefits of arbitration as an effective process
  • Discuss the limitations of arbitration and when it might not fit your needs
  • Obtain tips on practices before, during and after the arbitration
    • Arbitration clauses
    • Selection of the Arbitrator
    • Organizations that provide arbitration
    • Choice of Arbitral Seat and why it’s important
    • Cost considerations

 

Tiffany Comprés

Tiffany Comprés serves as counsel, representing companies around the world as an advocate in international arbitration and litigation, and also serves as a neutral arbitrator in international arbitrations. Her experience encompasses a range of disputes, and she has extensive experience in the international agriculture, food & beverage, logistics, shipping, distribution, heavy machinery, and energy sectors.

Tiffany is one of only three attorneys board-certified by The Florida Bar as an expert in both International Law and International Arbitration & Litigation. She has been recognized an expert on the U.N. Convention on Contracts for the International Sale of Goods (CISG) and the Perishable Agricultural Commodities Act (PACA). Tiffany has written for, and been interviewed by, several leading industry publications in agriculture, such as Fresh Plaza, in which she was featured in an article titled “PACA vs CISG: Which Prevails, Domestic or International Law?” and Young Arbitration Review (YAR), where she was interviewed about the CISG and arbitration for the 10th year anniversary edition. Tiffany also developed an expertise with the Shipping Act of 1984, challenging unreasonable demurrage and detention on behalf of cargo owners, as well as with cases between ocean carriers and cargo owners regarding international shipments, such as cases under the Hague Rules and Carriage of Goods by Sea Act.

Having worked in the United States, France, and Italy, Tiffany regularly handles cases in English, Spanish, and French. She practices in all of the world’s major arbitration centers and under all the major arbitration rules, as well under as industry-focused rules including the DRC Rules (Fruit & Vegetable Dispute Resolution Corp.) and the AFI Rules (Association of Food Industries). She also handles all forms of international discovery, international award and judgment enforcement and collection, and Hague Convention procedures.

Practice Areas: International Disputes; Commercial Litigation; International; Mediation
Bar Admissions: Florida; New York; U.S. Court of International Trade; Third District Court of Appeals; Southern District of Florida; Middle District of Florida
Education: Sciences Po, LL.M. in International Law; Université de Paris I – Sorbonne, LL.M. in Law and Economic Globalisation; Georgetown University Law Center, J.D.; University of Miami, B.A.
Experience: Proskauer Rose LLP; Shutts & Bowen LLP