Category: Mediation

Confidentiality, Security and ODR

  Practical Issues of Cybersecurity and Automated Computer Responses Are there Concerns with Privacy, Fairness, Etc. in Using an Online Platform? W. Jay Hunston, Jr. October 2, 2018 This report is intended to address two issues involving security and online dispute resolution (ODR).  These issues are the practical considerations of:  settlement offers via computer programs; and cybersecurity requirements for online communication.  These will be addressed separately. Settlement Offers via Computer Programs: The assumption here is that Online Dispute Resolution (ODR)…

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Opinions of the Mediator: the Dilemma – Article

Just published a new article on evaluative mediation and the pitfalls of forming opinions as to settlement value or outcome. Published in The Neutral.  Click here for article: https://www.flcourts.org/Resources-Services/Alternative-Dispute-Resolution/The-Neutral   Check it out!

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Committee on ADR Rules & Policy

I am pleased to announce that I have been selected to serve a three year term on the Florida Supreme Court's Committee on Alternative Dispute Resolution Rules and Policy, commencing on July 1, 2016.  I look forward to serving on this Committee and welcome your input on issues or concerns you may have with Florida's rules and policies in the field of ADR.

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Florida MEAC Approves Med-Arb Concept for Florida Certified Mediators

The Florida Mediator Ethics Advisory Committee issued its Opinion 2015-003, with Dissent, on February 4, 2016.  In this Opinion the Committee recognizes that there is no prohibition against a mediator serving as arbitrator in the original dispute, so long as the parties agree, with full and complete disclosure of the change of roles, the effect on previously confidential communications during the mediation process, and a knowing waiver by the parties of any conflicts arising as a result of the mediator's…

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Compendium of Montana Mediation Rules

A summary (only as good as the original source, which is the Deskbook) of the various District's Local Rules governing mediation in Montana: https://www.dropbox.com/s/mir3moq86y7k6y5/Montana%20Mediation%20Rules.pdf?dl=0

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In Search of a “Clear Conflict” – The Implications of Rule 10.340(a) by W. Jay Hunston, Jr., Esq.

To read the full article, go to: http://fladr.org/wp-content/uploads/2014/10/ADR-2015-Fall-Rev..pdf    

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“Mediator-filed” Notice of Mediation spawns fourteen month dispute between mediator and Plaintiff and its counsel regarding improper “cancellation” of mediation.

After three Motions for Sanctions, three Orders Granting Sanctions and $3,284.17 in sanctions paid by the Plaintiff, the appellate court, in Aurora Bank v Cimbler, 166 So.3d 921 (3DCA 2015), granted a Writ of Certiorari quashing the Third Sanction Order and entered a Writ of Prohibition, prohibiting the trial court from continuing to exercise jurisdiction in this seemingly unending saga. However, the Court never addressed an underlying problem with the factual scenario — the mediator filed the Notice of Mediation;…

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