Spring/Summer Caucus

Spring Caucus 2014Read The Caucus to stay informed of current events, MEAC opinions and stay abreast many more useful tools. Our newsletter features member articles, updates, news from the DRC and much more.

 

A Development in Alternative Dispute Resolution

On March 24, 2014, the U.S. Supreme Court denied certiorari in Strine v Delaware Coalition for Open Government, Inc., 2014 US Lexis 1984, and let stand a ruling from the Third Circuit (733 F3d 510). The Third Circuit ruling was a 2-1 decision.

The question before the Third Circuit was whether the public has a right of access under the First Amendment to Delaware’ s state-sponsored arbitration program. Chancellor Strine, then the presiding judge of Delaware Chancery Court and now chief judge of the Delaware Supreme Court, and the judges of the Delaware Chancery Court, who oversee the arbitration process, appealed from a judgment in favor of the Delaware Coalition for Open Government. The Third Circuit found that Delaware’s arbitration program was subject to the same rules governing civil trials and thus must be open to the public. The appellants argued that the First Amendment does not mandate a right of public access to state-sponsored arbitration proceedings.

FULL TEXT ARTICLE

MEAC 2012-010

The Question:

A family law mediation was held through the court mediation program. Both parties were represented by counsel. A partial agreement was reached and the mediator prepared the mediation report and agreement. The attorneys, parties and mediator signed the Mediation Report that a partial agreement was reached and set forth the remaining issues to be adjudicated by the Judge. The parties a..’1d attorneys left the courthouse as it was after 5:00 p.m. The attorneys and parties had left the mediation with the understanding that they had signed the mediation report and mediation agreement. The mediator made copies of the report and agreement and discovered that one of the parties and their attorney had not signed the Agreement. All parties and their attorneys had initialed each page of the Mediation Agreement. The mediator called the attorney that had not signed the agreement and immediately took the agreement to the attorney for signatures. The attorney told the mediator that the client had already left town but would be back the next day to sign that it was not a problem it was only an oversight. The attorney signed the original mediated agreement. The mediator checked with the attorney the next week and found out that the client would not sign the agreement now, but just wanted a few minor changes and a letter was being sent to the other attorney regarding the changes …

FULL TEXT MEAC

NEW MEAC OPINION 2013-001 Failure to Return Executed Agreement After Verbally Agreeing to do So

The New MEAC Opinion seeks to advise on the below listed question that arises as a procedural and ethical dilemma. To review the entire MAC Opinion, follow the link provided.

“Is it a breach of confidentiality for a certified mediator or the mediation unit to report to
the court that a party, appearing telephonically or by some other electronic means pursuant to a
Court order, who fully participated in the mediation which resulted in an agreement, but violated
the order for telephonic appearance by failing to return a mediation agreement for which said
party gave verbal consent to prepare and verbally agreed to sign?”

Full Text MEAC Opinion

 

E Newsletter June1

Florida Academy of Professional Mediators

E-Newsletter
Events, Programs & News of Interest
June 2010
SAVE THE DATE!!
Academy Annual Meeting & Seminar
August 21st, 2010  Orlando, FL
Program details & registration information will
be available on Academy website
 
More RMFM trainings scheduled and more discounts available to Academy members
Several trainers have scheduled more training, especially regarding the RMFM program, and The Academy continues to obtain discounts for our members. Be sure to check all of the trainers listed and the websites of those which interest you for dates and details.

 
E-Newsletter and other information available on

 Academy website
 This E-Newsletter is also posted on The Academy’s website.  Should you delete the e-mail and later need information from it, you can see it again by simply going to our website and clicking on the appropriate link.  You can also view past issues of The Caucus as well as get other useful information.  We are in the process of totally redesigning our website. Please e-mail our President, Ted Deckert, attdeckert@bellsouth.net if you have any suggestions on how we can make our website more useful

 to our members.
 

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Residential Mortgage Foreclosure Mediation Update
RMFM Program Managers 
See Florida Supreme Court website for most up to date Circuit by Circuit information regarding Administrative Orders and designated Program Managers.
  
RMFM Trainings
Use the links below to get the most current information regarding fees, dates, locations and other details.  (IMPORTANT NOTICE:The Academy is not responsible for determining if any training program meets the requirements of the Florida Supreme Court’s Administrative Order or any particular RMFM Program Manager.  Before registering for any training program, members should review the training requirements of the RMFM Program located in the Florida Supreme Court’s Final Report and the requirements of the particular Program Managers for the circuits where you want to participate in the RMFM program.)

 
Trainers offering FAPM Member’s Discounts:
Online course followed by class training on June 15, 2010, in Tampa
   In collaboration with Hillsborough County Bar Association (No Member Discount)
 
June 11 and June 25
Conference Center at Broward Bar Association
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Other Continuing Education Opportunities
 

Trainers offering FAPM Member’s Discounts:

 
 
Daniel Baldwin 10% Discount
 
(Offered on several dates in different cities)
“Managing High Conflict People in Legal Disputes”  50% Discount
“New Ways for Families”  50% Discount
 
ABA Section of Dispute Resolution – Academy members may register at the lowest rate
11/11-12/10
“8th Annual Advanced Mediation and Advocacy Skills Institute” Ft. Lauderdale, FL
(Details TBA)
 
Other Trainers:
 
Jacksonville Bar Association
 

  
 
 
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Other News of Interest 

 
Full Supreme Court Opinion amending “Florida Rules for Certified and Court Appointed Mediators” regarding advertising April 1, 2010. 
 

The American Bar Association maintains a resource page listing mediation foreclosure legislation and programs around the country.