The Florida Mediator is Florida’s first Mediator weblog dedicated to Florida’s Certified Mediators. The editor of this blog, Perry S. Itkin, J.D., M.S. [in Dispute Resolution], is a Certified Provider of Florida Supreme Court mediation certification training programs for individuals who would like to become Circuit Civil and Family Court Mediators. He is also a full-time mediation practitioner, qualified arbitrator and primary arbitration trainer.
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On December 28, 2009 Florida Supreme Court Chief Justice Peggy Quince signed an Administrative Order adopting the recommendations of the court's Residential Mortgage Foreclosure Task Force requiring mediation in residential mortgage foreclosure cases. The Administrative Order is AOSC09-54.It is...
I've been waiting until this moment to provide you with the Final Report of the Florida Supreme Court's Residential Mortgage Foreclosure Task Force [to which I had the honor and privilege of having been appointed by Chief Justice Peggy A. Quince]. The Chief Justice established the task force in...
A new addition to my website Mediation Training Center is the menu link Ethics Opinions.I've included a brief overview of the Mediator Ethics Advisory Committee [MEAC] and added all of the MEAC Opinions from 2004 through 2008, PLUS I've have included the first two 2009 MEAC Opinions which have just...
“What drugs are you on?” Is this a good question for a mediator to ask a party? No. Okay, how about “are you juiced?” No. Okay, how about “have you taken your meds today?” Not much better. Should mediators engage in the practice of asking parties about their medications and is this something to be...
What do mediation and chicken soup have in common? They’re both good for you!According to a recent article in The New York Times, “Study Finds Settling Is Better Than Going To Trial,” a study to be published in the September issue of the Journal of Empirical Legal Studies has found that most of the...
In Mojzsik v. Estrada, 983 So.2d 699 [Fla. 5th DCA 2008], Appellee’s attorney sought relief from the Fifth District Court of Appeal’s Order to Show Cause for failure, without good cause, to appear at a court-ordered appellate mediation. Apparently, he failed to appear at hearings without notice,...
One – okay. Two – not so fast! Three – that’s crossing the line. Well, how about ten?!?In Ayala v. Gonzalez, 33 Fla. L. Weekly D336 [Fla. 5th DCA 2008] and in Ayala v. Gonzalez, 33 Fla. L. Weekly D1230 [Fla. 5th DCA 2008][Clarification of Opinion and Denial of Motion for Rehearing], sanctions...
On June 30, 2008 Florida Supreme Court Chief Justice R. Fred Lewis, as one of his final acts as Chief Justice, entered Administrative Order AOSC08-23 In Re: Procedures Governing Certification of Mediators.The Administrative Order includes several important substantive changes including:New language...
Do you have mediator professional liability insurance? If not, why not? If yes, well . . . .According to this article in the New Jersey Law Journal, the question could be posed another way: How angry do clients have to get before attorneys [substitute ‘mediators’] must warn insurers a suit is...
In Leff and Physicians Financial Consultants Corporation v. Ecker, M.D., 972 So.2d 965 [Fla. 3rd DCA 2007], the plaintiff went into the mediation conference without a clear picture of what the insurance policy limits were. Notwithstanding this limited knowledge, plaintiff chose to go ahead with the...