(8372) Non-Binding Arbitration: Critical Issues for Careful Advocates to Consider

Course number 8372 is approved for 1 CLE and 1 Business Litigation certification credit. Presented by attorneys Meah Rothman Tell, Robert Hudson, Daniel Alvarez, and Andrew Reiss. The course will soon be available to purchase as an online seminar (on-demand) and downloadable audio.

This seminar, a joint presentation of the ADR and Trial Lawyers Sections of The Florida Bar, is designed to help attorneys navigate the non-binding arbitration process to best represent their clients. As the third of a four-part series, this seminar will focus on critical issues in non-binding arbitration such as:

• determining the form of award and proposed award;
• handling motions for trial de novo;
• post-hearing strategies including filing exceptions;
• keeping the hearing open for post-hearing briefs or other exhibits;
• arbitrator(s)’ authority to award attorney’s fees and costs;
• when and how to ask for attorney’s fees and costs;
• maintaining confidentiality;
• exhibits,  transcripts and Zoom recordings; and,
• when to request award of arbitrator’s fees and costs.

SCHEDULE

12:00-12:05 PM Introduction of Panel

12:05-12:15 PM Form of Awards and Proposed Awards, Proving your damages, charts, summaries

12: 15-12: 30 PM Post-hearing strategies, such as keeping the hearing open for post-hearing briefs or other exhibits, ex parte communications, the errant arbitrator

12:30 -12: 45 PM Award of Attorney’s Fees and Costs, including Costs of the Arbitration/how and when do you request them? Who decides the issues?

12:45 -12:55 PM Confidentiality, maintenance of exhibits, transcripts and Zoom recordings, moving for a trial do novo

12:55-1:00 PM Questions and Answers

Daniel Alvarez, Esq.  Daniel has an undergraduate degree in political science from Florida International University and a J.D. from the University of Miami (Go ‘Canes!).

Daniel previously represented insurance carriers and was a partner at the second-oldest law firm in the state of Florida. In 2013, he brought his zealous advocacy to the representation of policyholders. Since then, Daniel has represented policyholders in claims involving hurricane, fire, collapse, plumbing leaks, theft, vandalism, and business interruption that have either been denied or improperly paid.

Robert Hudson, Esq.  Robert Hudson is a shareholder and co-founder of the law firm of Hudson & Calleja, LLC, a certified Minority Business Enterprise under Chapter 287, Florida Statutes and the winner of the Greater Miami Chamber of Commerce’s 2011 “Emerging Business of the Year” award.  His practice focuses on insurance coverage disputes, personal injury and wrongful death litigation, employment litigation and complex commercial litigation.  He has tried cases in state and federal courts, handled appeals in both state and federal appellate courts, and arbitrated cases with the American Arbitration Association and the Financial Industry Regulatory Authority.  He also has served as an expert witness in attorney’s fee disputes. Rob also has been named a 2013 Top Rated Lawyer in Labor and Employment, Personal Injury Defense and Commercial Litigation and a 2014 Top Rated Lawyer in Litigation and Labor and Employment by The American Lawyer, The National Law Journal and Corporate Counsel Magazine.  He is a Life Member of the Million Dollar and Multi-Million Dollar Advocates Forums®.  Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are only approximately 4,000 members throughout the country, less than 1% of all U.S. lawyers.

Andrew Reiss, Esq.  Andrew is a Senior Counsel at Bond, Schoeneck & King in Naples. Andrew is a trial attorney specializing in business litigation matters involving all manner of business and commercial disputes including contract disputes, corporate management disputes and claims between businesses. He also handles employment law litigation, real estate litigation and construction litigation related to business relationships.

Andrew has been a Board Certified Specialist in business litigation, as designated by The Florida Bar, since 2008, indicating that Andrew has demonstrated special knowledge, skills and proficiency in handling business litigation disputes and conducted a required number of trials involving business issues.

On behalf of business clients, Andrew has handled litigation matters involving ownership and management disputes between majority and minority owners of corporations and limited liability companies, separation and buyout issues, and dissolutions of corporate entities. He has also assisted with formation of corporate entities and preparation of shareholder agreements, membership agreements, operating agreements and other agreements involving owners and members of corporate entities. Andrew graduated from the University of Pennsylvania and the University of Miami School of Law.

Meah Rothman Tell, Esq. graduated from Columbia Law School in 1976, and from the Columbia Business School in 1977. Meah has been an arbitrator since the mid-1980s. She is a past chair of the ADR Section of the Florida Bar, and a mediator/arbitrator member of the American Arbitration Association commercial and employment panels, FINRA, and Demars and Associates panel of neutrals, among others.  Meah served on the Florida Supreme Court Mediator Ethics Advisory Committee, the ADR Rules and Policy Committee, and the Mediation Training Review Board. She is a Past President of the Florida Association of Professional Mediators, and Past President of the Association of South Florida Mediators and Arbitrators. Meah Tell is an approved trainer by the Florida Supreme Court to train Florida Supreme Court qualified trainers.