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Litigator-Mediator Forum: A Collaborative Examination of Mediation Best Practices and Ethical Considerations

June 23, 2022 @ 1:00 pm – 4:00 pm
Signia by Hilton Orlando Bonnet Creek & Waldorf Astoria
14100 Bonnet Creek Resort Ln
Orlando, FL 32821

Originally presented on June 23, 2023, the “Litigator-Mediator Forum: A Collaborative Examination of Mediation Best Practices and Ethical Considerations,” is a joint CLE program by the ADR and Trial Lawyer sections. The program was presented live during the  2023 Florida Bar Annual Convention. Course 6081 is approved for CLE credit until approximately December 23, 2024.

In order to improve the mediation process for their clients, The Florida Bar Trial Lawyers and Alternative Dispute Resolution sections collaborated to co-host the Litigator-Mediator Forum, a two-part CLE presentation that will provide Florida trial lawyers and mediators a long-needed platform to discuss how to make mediation more effective and efficient. The purpose of the forum is not only to provide continuing legal education to trial lawyers and mediators on ethical rules and mediation advocacy skills but also to exchange ideas for improving the mediation process in all areas of the law.

Mediation has never been a more critical and timely topic in Florida due to the 1.5 million-case backlog created by the pandemic which is challenging our courts and delaying access to justice for Florida litigants. As more than 95% of cases are now settled before trial, and most cases are settled at mediation, effective mediation advocacy and negotiating skills are essential to achieving justice for the mutual clients of trial lawyers and mediators. This topic is also timely because the Florida Supreme Court is presently considering several significant changes to the ethical rules governing mediation and these rule changes will be discussed during the forum.

What You Will Learn:

  • Effective Negotiation and Mediation Advocacy Skills for Trial Lawyers and Mediators
  • The Ethical Rules Which Apply to the Trial Lawyer and Mediator during Mediation
  • The Proposed Changes to the Ethical Rules Governing Mediation
  • How to Effectively Present Your Client’s case to Achieve a Settlement Agreement
  • The Qualities of Effective Mediators and Mediation Advocates
  • How to Prepare Your Client and the Mediator for Mediation
  • Ethical Techniques for Mediators to Resolve Impasses
  • How Trial Lawyers and Mediators Can Partner to Improve Mediation

Who Should Attend:
This presentation impacts more than 10 different sections and committees of The Florida Bar. In addition to members of the Trial Lawyers and Alternative Dispute Resolution sections, members of the following sections and committees that regularly utilize mediation will also
be invited: Business Law, Labor and Employment Law, Family Law, Consumer Protection Law, Elder Law, Solo and Small Firm, Worker’s Compensation, Real Property, Probate and Trust Law, and the Young Lawyer’s Division.

ADR EC member Harold Oehler chairs the Mediation Section of the Hillsborough County Bar Association. He created the idea for the forum based on a collaboration between attorneys and mediators in Hillsborough County.