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Nonbinding Arbitration in Florida: A Colloquy between Bench and Bar

July 19 @ 12:00 pm - 1:00 pm


Live InReach webcast (Part IV of CLE series on Nonbinding Arbitrations). Join us for a lively discussion with members of the Bench and Bar concerning one of the most under-utilized ADR processes in Florida – Nonbinding Arbitration. Course number 8576  is approved for 1 CLE, 1 Civil Trial certification credit. ADR and Trial Lawyers Section members register for only $50, with 90-day, on-demand access. Non-section members $95. REGISTER

Earlier CLEs in the Nonbinding Arbitration (NBA) series include Part I, “Professionalism, Preparation and Effective Representation of Clients in Nonbinding Arbitration” (Course 8187); Part II, “Nonbinding Arbitration Hearings:  Learn How or Get Left Behind!” (Course 8190); and Part III, “Nonbinding Arbitration:  Critical Issues for Careful Advocates to Consider” (Course 8372). All three are available to purchase as online seminars (on-demand) and downloadable audio.

In this seminar, participants will hear from judges about:

  • Why and when NBA is the ADR method of choice from the bench’s perspective
  • Why approximately half of the judicial circuits in Florida tend not to use NBA
  • Whether judges favor the use of the “hybrid process” of ordering NBA followed by mediation (with a different neutral) and the reasons why or why not
  • The greatest advantage of NBA from the court’s point of view
  • The greatest disadvantage of NBA from the bar’s point of view
  • How does the bench respond to party requests to transform an Order for non-binding arbitration into an order for voluntary binding arbitration

CLE Outline

12:00 – 12:05  Speaker introductions

12:05  Non-binding arbitrations – differences in use

  • Is there a typical one
  • Possible rule changes pending

12:15  Viewpoint from the bench (Hon. Lauren Brodie, former Judge Fred Lauten)

12:25   Viewpoint from the bar (Mark Boyle, Kelly Overstreet Johnson)

12:35   Should practitioners be provided with a choice?

12:40  Why use nonbinding arbitrations?  Why not court-ordered mediations?

12:45   Benefits & Burdens

12:50   Risks of non-binding arbitrations, fee shifting

12:55   Questions


Smiling woman wearing judicial robeJudge Lauren Brodie has served as a Circuit Court Judge in the Twentieth Judicial Circuit since January 2002. Prior to that, Judge Brodie served as a Circuit Court Judge in the Eleventh Judicial Circuit from 1995- 1998 and as a Miami Dade County Judge from 1991- 1994. She has served in every division and has been assigned to the Civil Division since 2016. Judge Brodie is a strong proponent of the Civil Case Management process.



Man with white beard wearing glassesFred Lauten currently works as a Florida Supreme Court certified mediator and arbitrator at Upchurch, Watson, White and Max, joining the firm in January 2020. He served as Chief Judge of the Ninth Judicial Circuit from 2014-2019, as  Administrative Judge of the Circuit Civil  and Circuit Criminal Divisions prior to serving as Chief Judge, and also presided over the Complex Commercial Litigation Division. Judge Lauten served as an Orange County Court Judge from 1993-2000, and as a Ninth Judicial Circuit Court Judge from 2020-2019. He also served as Dean of the Florida Judicial College from 2006-2012.


Mark A. Boyle is the managing shareholder of Boyle, Leonard & Anderson, P.A., with offices in Fort Myers, FL, Tampa, FL, and Charleston SC. Mr. Boyle’s current areas of practice include civil litigation, with a concentration in first and third party insurance disputes, including extra-contractual and bad faith matters. Mr. Boyle represents corporate and individual policyholders in insurance and risk management counseling, claims presentation, and litigation.


Kelly Overstreet Johnson is a full-time Florida Supreme Court Certified Circuit-Civil Mediator, Florida Supreme Court Qualified Arbitrator, and AAA arbitrator (commercial; large complex; employment and consumer panels). She handles both virtual and in-person mediations and arbitrations throughout Florida and elsewhere as requested by the participants. She is a past president of The Florida Bar (2004-2005), and has held leadership positions in the ABA, Tallahassee Bar Association and Tallahassee Women Lawyers.



July 19
12:00 pm - 1:00 pm