Caucus Spring 2016

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PRESIDENT’S MESSAGE ANNOUNCEMENT: 2ND ANNUAL MAY AND JUNE LIVE DON’T FORGET TO
FOR MEMBERS USE THE FAPM
CMES ON THE HIGH SEAS!
FORMAT CME
RESOURCE LIBRARY!
SCHEDULE!

THE CAUCUS

Volume 1 2016

FLORIDA ACADEMY OF PROFESSIONAL MEDIATORS, INC.

PO BOX 812552


BOCA RATON, FL 33841-2552


(888) 400 - 8789


WWW.TFAPM.ORG [email protected]

Copyright 2016. Florida Academy of Professional Mediators, Inc., except otherwise noted. !1

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TABLE OF CONTENTS Member Benefits
and Promotions
PRESIDENT’S MESSAGE
3
- By Stanley Zamor 4 Group Liability
Insurance for Members
2017 CME CRUISE ANNOUNCEMENT
Complete

CLARIFICATION - RESTRICTIVE CRITERIA FOR CHIEF OF 10 Equity

DRC 12 Markets

MEAC OPINIONS Library Tutorial for
FAPM Resource
MEDIATION; A PLAINTIFF’S LAWYER’S PERSPECTIVE - BY 19 Library
JOHN AMEEN 21
23 20% Discount on Case
"MULTI-MEDIA MEDIAION RESOURCES”- BY HAYLEY Manager App!
NEWMAN
Get your FAPM
MENTORING MEDIATORS - BY WILL MURPHY Coffee Mug

MEL RUBIN AWARD OF MERIT 24

MINDFULNESS IN MEDIATION - BY STAFFORD SHEALY, ESQ. 25

LIVE FORMAT CME SCHEDULE MAY AND JUNE 27

CALL FOR BOARD NOMINATIONS 31

DEATH OF A MEDIATOR - BY STANLEY ZAMOR 32

Mediator’s Tool Box!

WHAT YOU NEED TO KNOW…

To help Academy Members meet the DRC’s
requirements of 50% live attendance, The
Academy has arranged facilitated group

discussions to listen to previously recorded
lectures. These “Live Format” CME

Resources, Information, Tools... presentations are offered to members at a
substantially reduced price and some are
FREE! The upcoming summer schedule of the

Live Format Series and networking events will
be emailed to members within July.

CLE credit may be available for the Live Format Series. Members are
advised to submit their certificate(s) to the office of Michelle Francis, the
Florida Bar’s Education Compliance and Accreditation Manager, either

via email [email protected] or Fax at (850) 561-9421. It is the
responsibility of the participant to check with the Florida Bar for dual

credit eligibility.

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PRESIDENT’S MESSAGE

Salutations! I am excited to be bringing you another issue of the Caucus. I
hope you find this issue to be informative and helpful. Thank you to Will
Murphy our editor (and his committee members) for the effort they put in
preparing and publishing this Spring Caucus issue.

In this issue of the Caucus we bring you a variety of articles that will explore
various aspects of mediation and the processes of ADR. We will explore
“mindfulness.” I share a letter I wrote to the Florida Office of the Court Administrator in response to
the criteria they set for hiring the new Director/Chief. I report about an unfortunate “Death of the
Mediator.” We list some MEAC opinions and sanctions as cautionary tales for mediators. We include
other content of interest to ADR professionals. I am sure you will find the information within the
Caucus intriguing. We would love hear from you, so please contribute any idea, suggestion or
article(s) for publishing in the next Caucus.

The Academy continues to offer members valuable options for completing their CME credits. Our
“Live” Virtual CME format continues to do extremely well, and is setting the standard of how CMEs
are earned. These “Live” CMEs are moderated by FAPM members with a wealth of experience and
knowledge. These CME are often also eligible for CLE and other CE credits. Our 2nd Annual CMEs
on the High Seas Cruise is scheduled and registration is open.

There are also opportunities to help the Academy and connect with other ADR professionals.
FAPM’s strength is in its membership and strategic partnerships. Please consider joining a
committee. FAPM has standing committees descriptions and sign up sheets found here. We continue
to look for members to serve as County Regional leaders. These leaders will act as liaisons in their
county and assist FAPM with serving our members by hosting Networking Exchanges and keeping
FAPM members abreast of county specific news. To be considered as a County Regional Leader
please email us at [email protected] with the subject line “FAPM County Regional Leader Request”.
We announce we are accepting nominations for the Mel Rubin Award of Merit and nominations for
the Board of FAPM.

So once again I would like to thank all who participate and assist to make FAPM Florida’s premier
ADR organization. I wish everyone a good quarter and continued success.

Be Well,

Stanley Zamor, President/CEO

Florida Academy of Professional Mediators, Inc.


3!

Angelia Robin Willner John Cohen
(Angie) Dixon

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GET YOUR CMES

ON THE HIGH SEAS!

CMREUMIACBSNOEEDNRBSFREE:EFRBOCEOERNOIECVKEEJYUFTORLHYUEE1ERS!T

SAVE THE DATE!


MARCH 16-20, 2017

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OUT OF TAMPA, FLORIDA.

DATE PORT OF CALL ARRIVE DEPART
THU - MARCH 16 TAMPA, FL - -: - - 4:00PM
FRI - MARCH 17 AT SEA - -:- - --:--
SAT - MARCH 18 COZUMEL, MEX 8:00AM 6:00PM
SUN - MARCH 19 AT SEA - -: - - --:--
MON -MARCH 20 TAMPA, FL 7:00AM

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CMES ON THE RELAX
HIGH SEAS

THE ACADEMY
Royal Caribbean is your portal to
Serving Mediators in Florida Since 1988 adventure at sea. Excitement is first and

foremost. Blue skies, thrilling
excursions, and more to do at sea. Royal
Caribbean puts you at the center of the

action with incredible onboard
activities and cruise voyages that span

the world.

From the moment you wake up to the
time you fall asleep in your spacious,
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you're in for a boatload of fun. Enjoy
thrilling Broadway-style shows and

nightlife. Dine casually or dine
elegantly. You're in control, and you can

plan your incredible Royal Caribbean
vacation exactly the way you want it.

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WWW.TFAPM.ORG THE ACADEMY VOLUME 1 2016

THE ACADEMY’S 2ND ANNUAL CME CRUISE

The Academy is proud to present an opportunity to mix business with
pleasure! Earn at least 8 Live CME credits and enjoy all that Royal Caribbean

has to offer on this 4 Night Mexican cruise to Cozumel…

JOIN US FOR THE 2ND ANNUAL SUPERIOR OCEAN VIEW BALCONY: $586.10* Enjoy beautiful excursions Ample space with gorgeous
CME CRUISE MAR 16-20, 2017 views
Occupancy: Up to 4 guests

QUICK FACTS Amenities: Two twin beds that convert to a Royal King, as
well as a private balcony, sitting area with sofa bed, mini-
AT LEAST 8 HOURS OF LIVE CME safe, private bathroom with shower, refrigerator, vanity
4 NIGHT CRUISE - TO MEXICO area, hairdryer, telephone, internet access, and closed-
$50 ON-BOARD CREDIT/CABIN circuit TV.
MEMBERS : $100 CONFERENCE
FEE INCLUDES ALL CMES LARGER OUTSIDE STATEROOM: $436.10*
NON-MEMBERS: $200
CONFERENCE FEE INCLUDES Occupancy: Up to 4 guests
Escape the everyday Relax on white sand
ALL CMES Amenities: Two twin beds that convert to a Royal King, as beaches
INTRODUCTORY NETWORKING well as a private balcony, sitting area with sofa bed, mini-
EVENT ON FRIDAY EVENING safe, private bathroom with shower, refrigerator, vanity
MOST FUN YOU WILL HAVE
EARNING CME CREDITS area, hairdryer, telephone, internet access, and closed-
ENGAGING PANEL DISCUSSIONS circuit TV.

IIIIIIIIIIIIIIIIIIIIIIIIIIIII
INSIDE STATEROOM: $417.00*
Occupancy: 2 guests standard
BOOK NOW HEREIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Amenities: Two twin beds that convert to a Royal King, a Embrace breathtaking Find your moment of
sunsets tranquility
private bathroom with shower, mini-safe, vanity area,
telephone, hairdryer, iInternet access, and closed-circuit
TV.

* Includes Taxes and Fees. Prices are per person.

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WWW.TFAPM.ORG THE ACADEMY VOLUME 1 2016

CALL FOR
PRESENTATIONS

The Academy is now accepting presentation proposals for the 2nd Annual CME Cruise. The
opportunity to present original material is open to all certified mediators and other related
professionals that believe their subject matter would be of benefit to the participants and would
provide Continuing Mediation Education credits. Please email proposals and your CV to
[email protected]. Proposals will be reviewed by the Cruise Committee and interested parties will be
contacted regarding the process.

Do you have a great presentation that you would like
included in the agenda? The Academy is accepting
proposals for presentations for the following areas.

Ethics

Domestic Violence

Cultural Diversity

Family

General

Please send all proposals by: June 30th, 2016

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WWW.TFAPM.ORG THE ACADEMY VOLUME 1 2016

CMES
Florida Academy of Professional
ON THE
Mediators, Inc.
HIGH SEAS!
March 16-20, 2017


Second Annual CME Cruise Conference

CME Cruise Sponsorship Opportunities

Florida Academy of Professional Mediators, Inc. is pleased to announce our 2nd Annual CME Cruise
Conference on March 16-20, 2017 on Royal Caribbean’s “Brilliance of the Seas.” This year’s
conference features nationally recognized presenters, thought provoking and timely general plenary
sessions and a wide selection of individual workshops. This conference is anticipated to attract at
least 100 conflict resolution practitioners from diverse backgrounds who come to learn from and
share ideas with other professionals in the field.

We are expanding the opportunities for collaborators and vendors to join us and support the
conference this year. There are limited spaces for sponsor participation at each level. Please
complete, scan and email the Sponsor Form that appears on the next page to [email protected]. If
accepted, you will be sent an invoice for your commitment.

Please contact Stanley Zamor at 954 -261-8600 with any questions regarding membership analysis,
online metrics and monthly impressions.

Sponsor Levels

Title Sponsor (1) Presenting Sponsor
-$10,000 (1) - $5,000

• Branding on all FAPM official communications • Branding on all FAPM official
up to and including the 2nd Annual CME communications up to and including the
Cruise. 2nd Annual

CME Cruise.
• Online presence on FAPM’s website through
2nd Annual CME Cruise (Logo, blurb • Online presence on FAPM’s website
Hyperlink) through 2nd Annual CME Cruise (Logo,
blurb Hyperlink)
• Signage branding during 2nd Annual CME
Cruise. • Official Sponsor of the Pre-Conference
Networking Event and Closing Ceremonies
• Official Sponsor of the 2nd Annual CME Cruise
conference package/“swag-bag” and t-shirts. • Signage branding during 2nd Annual CME
Cruise.
• Official sponsor of the 2nd Annual CME Cruise
conference DVD • Conference swag bag sponsor
• One Superior Ocean View Balcony Suites

• Two Superior Ocean View Balcony Suites

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WWW.TFAPM.ORG THE ACADEMY VOLUME 1 2016

Gold Sponsor (2) -$2,500 Silver Sponsor(3)- $1,500

• Branding on FAPM official 2nd Annual • Branding on FAPM official 2nd Annual
CME Cruise communications up to and CME Cruise communications up to and
including the Cruise. including the Cruise.

• Online presence on FAPM’s website • Online presence on FAPM’s website
through 2nd Annual CME Cruise (Logo, through 2nd Annual CME Cruise (Logo,
Hyperlink) Hyperlink)

• Signage and program book branding during • Signage and program book branding during
2nd Annual CME Cruise. 2nd Annual CME Cruise.

• Conference swag bag sponsor • Conference swag bag sponsor


• One Inside Stateroom


Supporter - (5) - $500

Please complete and email this form to • Branding on FAPM official 2nd Annual
[email protected]. The Administrator will contact you CME Cruise communications up to and
including the Cruise. (Text Listing)
to organize a meeting for the sponsorship and
marketing materials. • Online presence on FAPM’s website
through 2nd Annual CME Cruise (Text
Listing, Hyperlink)

• Signage branding during 2nd Annual CME
Cruise.

• Conference swag bag sponsor


SPONSOR FORM
Name:_______________________________________________Title:_____________________
Organization:___________________________________________________________________
Address:____________________________________________City:________________


State:_____ Zip Code:________
Work Phone:_______________________________________


Email Address:__________________________________________________________________

Sponsor Level:
_____Title Sponsor- $10,000 _____Presenting Sponsor- $5,000 ____Gold Sponsor - $2, 500


_______Silver Sponsor - $1,500 ____Supporter - $500
Payment Information:

Check payment should be made out to Florida Academy of Professional Mediators, Inc. and mailed to:

PO Box 812552


Boca Raton, FL 33481




Credit Card Payments should be made online using THIS LINK, referencing “Cruise2017”


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Serving Mediation Since 1988
Florida’s oldest ADR organization

Florida Academy of Professional Mediators, Inc.

PO Box 812552 Boca Raton, FL 33481-2552

OFFICERS February 12, 2016

CEO/PRESIDENT US Mail
Stanley Zamor, M.S.
PK Jameson Blan Teagle
[email protected] State Courts Administrator Deputy State Courts Administrator
(954) 261-8600 Florida Office of the State Court Florida Office of the State Court
Administrator Administrator
PRESIDENT ELECT Supreme Court Bldg. Supreme Court Bldg.
Rodney Romano 500 S. Duval 500 S. Duval
Tallahassee, FL 32399 Tallahassee, FL 32399
VICE-PRESIDENT
Saul Cimbler Re: Clarification, Restrictive Criteria for Chief- Dispute Resolution Center

SECRETARY I am the President of the Florida Academy of Professional Mediators, Inc. (“FAPM”) ---
the oldest and largest state-wide organization in Florida of lawyer and non-lawyer
TREASURER mediators. I have been asked by the Executive Committee of FAPM to express to you
Lennie Burke our disappointment regarding the recent advertisement for the position of "Chief" of
the Florida Supreme Court Dispute Resolution Center. We were confused and would
DIRECTORS like clarification as to why the pool of applicants is restricted to only Florida licensed
attorneys while there is not the same restriction to become a certified mediator?
Noel Miner Especially given this states various Alternative Dispute Resolution (“ADR”) programs that
are administered by non-Florida licensed attorneys.
Larry Williams
The criteria advertised runs contrary to the history of qualification for the Directorship
Robin Willner of the DRC. Michael Bridenback and Sharon Press, who served with distinction as
Directors of the DRC, could never have been selected under this criteria. Neither Sharon
John Cohen nor Mike were Florida licensed attorneys, yet they exemplified themselves and elevated
the profession during their tenure. Similarly there are many non-attorney candidates
Angelina Dixon more than capable through their advanced degrees, knowledge and practical experience
who administer for programs with a mediation and/or dispute resolution focus. From
William Sussman what I am aware of, there is a DRC staff attorney who serves in a capacity to legally
support and advise the DRC and the Chief/Director. The Chief/Director of the DRC
Edmund Sikorski position does not serve, nor, has a duty to provide legal opinions therefore the practice
of law is also not an issue that merits such restriction or concern. Further, it is too
Dan Baldwin restrictive to think that the Chief/Director should not be able to offer a broader range
of dispute resolution expertise and/or have a scholarly acumen in ADR, in order to be
Stan Lipp an effective Chief/Director and the voice of Dispute Resolution.

PAST PRESIDENT 2012
Robin Shaw, Esq.

FAPM ADMINISTRATOR
Jayson Babel

(954) 261-8600
[email protected]
www.tfapm.org

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Serving Mediation Since 1988
Florida’s oldest ADR organization

Long ago, the Florida Supreme Court standing Committee on ADR Rules and Policy
realized the importance of expanding the available pool of Florida Supreme Court
certified mediators, and that a diverse pool of mediators was necessary to better serve
the public interest. As a result, the limitation that only Florida lawyers could be certified
as circuit court mediators was lifted and a new point system for certification of
mediators was devised. More than 50% of the certified mediators in the State of Florida
are NOT licensed attorneys in the State of Florida. The newly adopted criteria for the
"Chief" of the DRC eliminates more than 50% of the population of mediators certified
by the Florida Supreme Court to qualify for this position.

Not only is the requirement and restriction that the "Chief" of the DRC be a Florida
licensed attorney a disappointment, it is sending a message to the pool of qualified
certified mediators who hold important leadership positions in the field of ADR, that
although they may be qualified to mediate, have proven records of bridging the gap of
discourse while creating and implementing policy, hold advanced degrees in conflict
resolution, are effective administrators and directors of ADR programs, have scholarly
and/or vast practical experience, they are not qualified to serve the public interest and
be in the State of Florida’s highest dispute resolution position.

We are proud to be certified mediators and we continually promote the profession and
the process as an alternative to litigation serving the community’s need for
empowerment, fairness, dignity and self-determination. I respectfully request that you
extend the time in which candidates may apply, and you broaden the qualifications to
include those who have advanced degrees focused in Conflict Resolution and have a
proven record of administering for mediation and/or other alternative dispute
resolution programs. Thank you.

Kind Regards,

Stanley Zamor, CEO/President
Florida Academy of Professional Mediators, Inc.

Stay in Touch:

CC: Florida Supreme Court Justices

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Meac Opinions

MEAC Opinion 2010-003

A former judge is prohibited from using the term “Judge Emerita” in the title of the mediator’s
company, as depicted on stationery, business cards, the title of a website homepage, and other
marketing material. The Committee maintains confidence in and refers mediators to MEAC Opinion
2010-003 which addresses this marketing restriction in more detail. (Review Full MEAC Opinion
on Page 13)

MEAC Opinion 2015-005

The verbal discussion in the scenario presented satisfies the requirements of rule 10.420(c), Florida
Rules for Certified and Court-Appointed Mediators. The rule does not require the mediator to write
something regarding the terms of the agreement prior to the close of the mediation session if the
parties have agreed who will memorialize the agreement and the process for its formalization.
(Review Full MEAC Opinion on Page 17)



Sanctions - Consensual Agreements

Consensual Agreement Case No. MQB 2015-008
Summary of Sanctions:

On October 27, 2015, Mediator agreed to complete the following tasks within six months of signing
the Agreement to Sanctions: four hours of additional CME on demeanor and diversity; read and
review the Florida Rules for Certified and Court-Appointed Mediators and the MEAC opinions regarding
the mediator’s responsibility to the parties, impartiality, demeanor, and integrity and write a reflective
statement of not less than three pages regarding the educational materials and what the mediator
learned. During the time the Mediator is completing the sanctions, he agreed not to mediate any
cases unless the parties speak fluent English and no language comprehension assistance is required.

Findings:

Upon reviewing the complaint and the Mediator’s response, the Grievance Complaint Committee
(GCC) found probable cause to believe the Mediator violated the Florida Rules for Certified and Court-
Appointed Mediators by: speaking to the parties without pausing although he knew one party was
using a foreign language interpreter; and saying in everyone’s presence while making a “repulsive”
face, “She does not understand, not even a little bit? She has been here since 1999, works at Publix,
and does not speak English?”

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Sanctions - Imposed

Zachariah M. Kilgus

Case Number: QCC 2015-013 Certification Denied

Case Type: Good Moral Character

QCC 2015-013 Order and Sanctions

Summary:

Sanctioned by Order Accepting Admission to Formal Charges and Imposing Sanctions entered
September 10, 2015 – application for certification as a Florida Supreme Court County Mediator
denied; Applicant may not apply for certification in any area for 18 months; if Applicant applies after
18 months after satisfying the provisions of the Order and has not engaged in any additional
violations, the need for re-training is waived; Applicant shall not engage in advertising or mediation
until certified. If he chooses to reapply for certification, Applicant is required to: complete six hours
of CME on advertising; submit an affidavit indicating he has read and understood all MEAC opinions on
advertising and solicitation; and write and submit a reflective statement regarding how he will change
his past activity as to advertising.

Findings: Found not to possess good moral character as required by Rule 10.110, Florida Rules for
Certified and Court Appointed Mediators, for any mediator certification by the Florida Supreme Court.
Subsequent to his application to the Dispute Resolution Center (DRC), the Applicant committed, in a
direct marketing mailing, numerous false and misleading marking practice violations, contrary to rule
10.610(a),(e) and (f), Florida Rules for Certified and Court-Appointed Mediators, by the use of a
solicitation letter, sent to at least one defendant in a small claims action. The Applicant also violated
rule 10.330(a), Impartiality, by stating in the letter, “We save you the time of the exhausting drawn
out court process while also protecting you from monetary judgment” and “We handle your entire
case” (emphasis added); and rule 10.340(d), Conflicts of Interest, by stating, “Before the court
creates a negative mark on your record permanently, you need to call us. If you use our services, you
won’t have to go to court or meet anyone in person. You can even take your family on vacation! We
handle your entire case.”

Rules Violations:

Florida Rules for Certified and Court-Appointed Mediators Violated:

10.110, Good Moral Character

10.610(a), (e) and (f), Marketing Practices

10.330(a), Impartiality

10.340(d), Conflicts of Interest

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Advisory Opinion 1

MEAC 2010-013

Mediator Ethics Advisory Committee c/o Florida DRC, Supreme Court Building, 500 S. Duval Street, Tallahassee, FL 32399

January 14, 2011

The Question: 

I recently relocated from Ohio to Florida. I am a retired Ohio state court judge having
served as an elected trial court judge and an intermediate appellate judge for 14 years and as a
visiting judge, sitting by assignment from the Ohio Supreme Court, for another 10 or more years.
I am on the neutrals panel of the American Arbitration Association (AAA) as both an arbitrator
and a mediator, on the arbitration panel of the International Institute for Conflict Prevention &
Resolution (CPR) and a certified mediator on the roster of the International Institute of Mediators
(IMI). Additionally I independently offer my arbitration, mediation and private judging services
to the public. My resume is attached for your review [omitted by DRC for confidentiality
purposes].

I have taken the course work for both the Florida Civil Circuit Court Mediator and the
Florida Residential Mortgage Foreclosure Mediation and am currently in the process of gathering
materials for my application. Although I am not yet certified in Florida, I’m writing at this time
to allow sufficient time for your consideration of my questions, as well as, time within which to
implement ethical advertising practices, consistent with the Mediator Ethics Advisory
Committee’s rules.

I have reviewed your MEAC Opinion 2009-008; MEAC 2007-006; MEAC 2004-001,
and MQAP 99-013. If I understand correctly, I may use “judge” in my advertising so long as I
indicate that I am a former Ohio judge, such as “Ohio Judge Emerita.” I am attaching a copy of
the letterhead and business card [see next page - name and email address omitted by DRC for
confidentiality purposes] I used in Ohio and I would merely like to add “Ohio” before each
reference to “Judge Emerita.”

If my proposal is not in keeping with the ethics opinions noted above, please let me know
so that I understand how I am to proceed.

Court-Appointed Circuit Mediator
Central Division

MEAC Opinion 2010-013

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2

Authorities Referenced
MEAC Opinion 2010-003
Rule10.610, Florida Rules for Certified and Court-Appointed Mediators
Commentary to Rule 10.610, Florida Rules for Certified and Court-Appointed Mediators
Florida Supreme Court Opinion SC09-1384

Summary
 

A former judge is prohibited from using the term “Judge Emerita” in the title of the
mediator’s company, as depicted on stationery, business cards, the title of a website homepage,
and other marketing material. The Committee maintains confidence in and refers mediators to
MEAC Opinion 2010-003 which addresses this marketing restriction in more detail.

Opinion

A former judge is prohibited from using the term “Judge Emerita” in the title of the
mediator’s company, as depicted on stationery, business cards, the title of a website homepage,
and other marketing material. The Committee refers mediators to MEAC Opinion 2010-003
which addresses this marketing restriction in more detail.

MEAC Opinion 2010-013

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3

In MEAC 2010-003, the Committee opined:

“The use of the word “judge” in the title of the mediator’s company, as depicted on
stationery, business cards, the title of a website homepage, and other marketing materials is
specifically noted as a prohibition in the Supreme Court’s opinion in SC09-1384 (April 1, 2010)
as they interpret the commentary following the revised Rule 10.610:

“The mediator may not appear in judicial robes in an advertisement for his or her
mediation services; the mediator may also not use the title ‘judge’ with or without
modifiers to the mediator’s name in any advertisement. Indeed, the use of the title judge
in any marketing practice, including, but not limited to, letterhead and business cards,
is inappropriate. However, an accurate representation of the mediator’s judicial
experience in references to background and experience in bios and résumés would not
be inappropriate [emphasis added].”

Further, newly revised Rule 10.610(d) states: “Any marketing practice is misleading if
the mediator states or implies that prior adjudicative experience, including, but not limited to,
service as a judge, magistrate, or administrative hearing officer, makes one a better or more
qualified mediator.”

The restriction on the use of the term “judge” or “judges” is explained further in the

Commentary to the 2010 Revision to Rule 10.610 which states in part, “The roles of a mediator

and adjudicator are fundamentally distinct… When engaging in any mediation marketing

practice a former adjudicative officer should not lend the prestige of the judicial office to

advance private interests … the use of the word “judge” with or without modifiers to the

mediator’s name would be inappropriate.”

 

 

 

 

 

_______________________ ___________________________________

Date Beth Greenfield-Mandler, Committee Chair

MEAC Opinion 2010-013

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MEDIATION: A plaintiff’s lawyer’s
perspective.



By John D. Ameen


Mediation is an extremely effective method for dollars or receive nothing because he or she
resolving a disputed case. Our office handles loses the case on liability. Fear of the unknown
both personal injury and insurance coverage can be a great incentive for two parties to
cases. We often suggest mediation after filing a resolve a case.
lawsuit and almost always recommend
mediation when it is requested by the defendant. The rapport between the mediator and the
While our goal is always to achieve a fair and participants is of paramount importance. If one
reasonable resolution for a client, whether by of my clients gets the impression that the
settlement or trial, there is no risk for either mediator does not like or respect him or her,
party to attend mediation. When mediation whatever message the mediator is there to
does not yield a fair settlement offer, my client deliver is most likely lost. When a plaintiff feels
can always walk away and chose trial. that the mediator is judging him or her, it is
human nature for that person to view the
So, what can a mediator do to help settle a case mediator with a diminished sense of credibility.
that the parties cannot work out between The settlement number suggested by the
themselves? A good mediator delivers mediator may be more than fair but because the
perspective to both parties. A defendant who has number is stemming from what the client
the opportunity to privately consider a weakness perceives as a corrupted source the case will not
in his or her case from an unbiased source is settle. A good mediator confidently displays his
that much more likely to put forth a fair knowledge about the area of law that is the
settlement offer. Likewise, a plaintiff who is subject of the dispute and gains the trust of each
forced to confront a weak point in his or her party by listening to their side of the case with a
case has the opportunity to ponder how that may neutral ear.
be treated by a jury. This often results in the
parties bridging a gap that could not previously An ineffective mediator will give up on the
be crossed. parties too quickly. I have participated in very
few mediations where a case settled in the first
An effective mediator will also empower the hour. A good mediator will take time to
parties to control the destiny of the litigation. In understand the relative positions of each party
virtually every mediation that I have attended, and then work hard to attempt to bring about a
the mediator reminds both parties that they are resolution.
on the verge of letting six total strangers resolve
their fate. This is especially effective in a Settlement negotiations can be emotional,
contested liability situation or what attorneys especially for a plaintiff. I have seen talented
like to refer to as an “all or nothing case” where mediators explain to clients that the court is not
either the plaintiff is going to walk away with going to award them their health and explain
what is typically hundreds of thousands of that all a jury can do if the plaintiff prevails is to

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WWW.TFAPM.ORG THE ACADEMY VOLUME 1 2016

reach a conclusion as to the amount of monetary worked hard with a skilled mediator to attempt
damages. This helps a plaintiff focus on the end
result of our justice system and see his or her resolution is proper assurance, both for my
case as a jury may see it. An ineffective
mediator will not be able to relate to the client’s client and me, that we have exhausted all
emotions and realign the focus of the mediation
to the monetary remedy for which the law possible means to achieving a fair result before
provides.
a trial.
Practicing for 20-plus years, I have come to
realize that a good mediator plays one of the John D. Ameen graduated from the Univeristy of Miami School of
most important roles in a contested case. Law in 1994. He has been a member of the Florida Bar since
Mediation is such an integral part of every 1994. His first two years of practice were spent representing
personal injury lawsuit that courts makes it insurance companies in personal injury and insurance coverage
mandatory before trial can take place. In the lawsuits. For the past twenty years John has focused his practice
cases that I do try, knowing that each party on representing plaintiffs in personal injury, negligence and
insurance coverage disputes. John has resolved thousands of
cases over his career either by pre-suit settlement negotiations,
mediation or trial. John has a statewide practice with his main
office located in Tamarac, Florida. 3860 West Commercial Blvd.
Tamarac, FL 33309
(954) 763-4950
(800) 555-4011
F:(954) 981-7350
www.protectingyou.com




Press Release Information


The Academy is encouraging new members to notify their local papers of their addition to the Florida
Academy of Professional Mediators, Inc. roster of members. You may use these pre-scripted press
releases for your local newspapers!

The Florida Academy of Professional Mediators,
Inc., the oldest and largest organization of Florida

Mediators is proud to announce the addition of
________________________________ to its Roster
of Members. ____________________ practices in
________________________ and can be contacted

at ________________.

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ADR STUDENT

PERSPECTIVES!

“Multi-Media Mediation Resources”


By Hayley Newman

As a new mediator I was interested in finding resources to help develop my mediation skills.
I was amazed as to the amount of resources available, both from the internet and by
recommendation from more seasoned mediators. However, I could not find one centralized
place to find a list of these resources. The purpose of this article is to provide a centralized
location for international multi-media resources that could help the new mediator, as well as
the experienced mediator, with access to helpful resources.

The Dispute Resolution Section of the American Bar Association has a Dispute Resolution
Video Center with videos on Commercial Mediation, Community Mediation, and Styles of
Mediation. They can be accessed by visiting, http://www.adrvideo.org/.

Only Human is a Podcast by WNYC Studios. Only Human produced a series of episodes on
listening called “Listen Up!” As mediators, enhancing our listening skills is always something
to strive for. The podcast can be found on the WNYC website, http://www.wnyc.org/shows/
onlyhuman/series/listen/.

Another good online source is https://imimediation.org/. Although there is a fee for accessing
certain materials, many resources are available at no cost. The resources available on the
website range from simulated mediations to articles on mediation styles.

The Alternative Dispute Resolution Section of The Florida Bar also has some available
resources, although somewhat limited. There is however a link to MEAC as well as CLE
Events. The website can be accessed by visiting, http://fladr.org/.

The video section on Mediate.com has a vast selection of videos. The videos range from
videos on mediation preparation to mediation techniques. Additionally, there are some
international resources, including a short video on the emerging mediation community in
India.

Additionally, FlCourts.org has a large amount of resources for mediators. These resources
include pertinent forms for mediating in Florida, as well as requirements for getting certified,
and a free link to The Florida Rules for Certified and Court Appointed Mediators. All of this

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and more are available at, http://www.flcourts.org/resources-and-services/alternative-
dispute-resolution/.

The United Nations website has a section called Peacemaker. There are some interesting
documents and guides on mediation under the “Mediation Resources” tab. The videos are
unique and very interesting. They can be found under the “Mediation Videos” Tab. The
website can be accessed by visiting http://peacemaker.un.org/.

Thinking Fast and Slow is a book written by Daniel Kahneman, a Nobel Prize recipient in
Economics. This book is helpful in understanding psychology and the manner in which
people think and behave under certain circumstances. The book is extraordinarily insightful
into human thought and action. It is also conveniently available in audio book and e-book
format, in addition to paperback.

Although this list is not exhaustive, my hope is that it is a good start for a mediator looking
for educational resources. It is especially important for mediators to be able to work with
one another and share experiences that may benefit the mediation community as a whole.
Having access to technology opens up a whole new world in terms of sharing ideas.
Through blogs, websites and e-mail, mediators can share ideas and experiences across the
country or even internationally. I hope you find the foregoing list helpful in your mediation
endeavors, wherever they may take you.

PPPSSSTTT….

DID YOU KNOW YOU CAN RECEIVE CME CREDITS FOR
CONTRIBUTING AN ARTICLE TO ‘THE CAUCUS’???

EMAIL: [email protected] FOR DETAILS!

2! 2

WWW.TFAPM.ORG THE ACADEMY VOLUME 1 2016

Mentoring Mediators

By: Will Murphy,

As virtually all readers of The Caucus are aware, those seeking certification as mediators in Florida
need to go through a mentorship process. See Florida Rules for Certified and Court-Appointed
Mediators (“the Rules), rules 10.100, subsections (b), (c) and (d) for County, Family, Circuit Civil,
and Dependency Certification respectively. (Appellate mediators must be certified in one of the other
areas and have no separate mentorship requirement for Appellate Certification) The Rules once
required that a candidate for certification actually conduct mediations under the supervision of a
certified mediator. This proved a very formidable barrier to entry. Not surprisingly, certified
mediators were loathe to have someone else, someone not yet certified, conduct a mediation for
which the certified mediator had been engaged. The Rules now allow a candidate to get all
mentorship “points” through observing mediations conducted by certified mediators (though
conducting them under supervision counts for twice as many points).
The Rules require that the points come from at least two different mediators, and that they come
from the type of case for which certification is sought. This should be a relatively simple requirement
to complete. Contact a few mediators, ask them to observe, give each of them an opportunity to make
sure parties and counsel for at least one of their upcoming mediations consents to the observation,
and to get back to the candidate with when and where to come to get their five mentorship points
(out of the 30 or more he or she will need). However, I hear from candidates who are having a very
hard time getting a certified mediator to cooperate with them. One had contacted one of the largest
mediation providers in the state was told flat out that they didn’t do that.
I have recently begun winding down my litigation practice to pursue mediation and arbitration full
time. I understand quite well that it can be quite competitive to find engagement as a mediator or
arbitrator. However, if we who are already certified truly care about the public’s access to these
services, we will make mentorship available to candidates for certification. While it should not
require a rule, Rule 10.600 sets forth the “Mediator’s Responsibility to the Mediation Profession. A
mediator shall preserve the quality of the profession. A mediator is responsible for . . . assisting new
mediators, and generally supporting the advancement of mediation.”
Someone helped you in your ADR journey. It’s always a good time to pay it forward.

Will Murphy has been a member of the Florida Bar since 1992, with a practice in commercial, civil and probate litigation. He has been a
certified mediator since 1997 and is a qualified arbitrator. His offices are in Hollywood, Florida and he is available throughout the state for
arbitration and mediation and litigation consulting. You can reach Mr. Murphy at [email protected] or (954) 922-3388



Are you looking for CME Credits?

FAPM's vast library of audio files is as current as 2016. So you can get
your CME, while you grow and enhance your skills sets! Sign up, pay,

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2! 3

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THE MEL RUBIN

AWARD OF MERIT

Dear Academy Members,

As most of you know, veteran mediator and trainer Mel Rubin passed on August 12, 2015. For many
of us, Mel was the "father of mediation" in the State of Florida. He was one of the first mediation
trainers in Florida. Over the next 26 years, Mel has trained thousands of aspiring mediators and he
was a distinguished professor at the University of Miami School of Law. During John Salmon's
administration as President of The Academy in the early 1990's, the Board of Directors created the
Award of Merit to recognize mediators who have made substantial contributions to the mediation
profession. Mel was the second mediator to receive this important award, which is the highest
distinction bestowed by The Academy .

On behalf of the Board of Directors and the Rubin family, I am pleased to announce the dedication of
The Academy’s Award of Merit, as the The Mel Rubin Award of Merit.

About the Award:

The Academy presents its prestigious Award of Merit at our annual meeting. Previous recipients of
this Award are Aileen Hubert, Mel Rubin, Harry Goodheart, Susan Dubow, Larry Watson, Sharon
Press, Bruce Blitman and Charles Castagna. All members are invited to nominate an individual or
organization they feel has made a significant contribution to the field of mediation in the state of
Florida.

CRITERIA FOR NOMINATION: Nominees should be actively involved in the mediation profession,
either as a professional mediator, volunteer, educator, administrator, trainer, professor, or author.

The nominee’s activities should have significantly impacted the mediation profession in a positive
manner through:

• Innovation, development and/or creation or implementation of a successful mediation activity or program.

• Enhancement of mediator skills, standards of competence and ethics.

• Improving and enhancing the public’s awareness of the mediation process as a method of dispute resolution.

• Promoting the benefits of mediation to the public.

• Nominees strive for continued excellence and utmost professionalism.

The Academy will begin accepting nominations for this award through June 30th, 2016. There
will be an announcement sent via electronic mail and forms for nominations will be available on the
website.


Be Well,

Stanley Zamor, FAPM CEO/President


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Mindfulness in Mediation

By: Stafford N. Shealy, J.D., F.E.

override the natural effects of uncontrolled
jungle anxiety.

“bdmamaobsuthmcTmtmatmToeemecunweoehdohsccoeeoierkoipdecepnhiedianhtnnrlnnn'rishasmseendrgndttlteotediyaaoefifansiawttfuqfecllunqpas.laeulstoouallyiniultreeeselolcnnehhetnnslysesdtnniis.eeecosyestsn,cgcataasaasafogiliiadsllnnsatnotoeWmttoswwui”eonhhnuxg,onhreicdthhcsinwntaaaseoihaaihsicpscodsnlutintcm.elo:heahrrlfyhdashneculuoar,eemae(eIiobllgsaha1tenwlypdoahtlecc)eoppvaoeeitplacdntidassnumessuoseeartrcgtdisd,tlxheposaetauesimrititeofatsia,soecuoseitti-onen.noatnbeffslsitygqninnnnddgyeyrcstts.auotoaotatuhmfhhlGoeimeeombtcIpetrcoyartifhauhohnlefattsgiogdehinaiielrecenrmgnptcbngyrsiootsodolttgirraotcbeifthoertan(fleencoeie2tuanaimsem)nsnsieosu'dtrgasssfc,pintianahomrddnruMoeNmudneauaisoeefseeirestrtnucdultsyudrsdonittucoishffla1hiunsl8k,nioeotildohoe0engaahesneni0erpclttsotssssawdrsahf.tilofavovho.naaevdUroeuadsdiidsnnnlssteiselcfnmltytaoigholivfneimentodtrhmhssfptttNrostmpchufiohhfhieuopeeerioeueecgiisjeeleeprsesncvnahhulvphcanwpirhm1cidordeteomsanat9erakioalofwpefnrt,veoresgu7rnssureidteessadsno.e0cldicglsinfoiinnaglthsbhedeaeolrihenneYs.eianlsaetanuosetereg.imsonapthtsnfrusehuicoli.ihtegsttcsdbrrihffthhtiMsooetnmrlosstpebhyeasaretpWbadtBiraacootoicsbnheren1iiecycfrfeuhtvehtpr9ndnekhyuusliiagnnbeor9efhne.tadpwiuhloncyitswef0unenbyqonoielbotstsmnwgrsauTnaarlssedatittaeebkiennnahhhhssatirisomolssidnnhddgeeeeeeessstff..
techniques that can benefit you and your
If consciousness is the foundation of being mediation practice.
mindful, then chances are that all of your
mediation participants have met that threshold.
They showed up and know that they are there to (1) Breathe slowly and observe your body’s
mediate. However, as the mediation progresses moment by moment experience. A basic
you may find that some participants don’t seem mindfulness technique is to breathe slowly and
to accept their changing feelings, thoughts and focus on the coolness of the air entering your
bodily sensations as well as other participants. lungs. While breathing, feel your ribs move in
Many find themselves uncomfortable with and out. These techniques force mind-body
conflict and managing stress. They are awareness. Of the seven senses, we pick and
unknowingly being controlled by biological choose which we will focus on. Most of the time
programming. When faced with a threat, our our visual input takes up one of the available
historic options were fight, flight or freeze. This awareness channels chosen. We can only pay
emergency response system served humans well attention to one or two things at a time.
when needing to make a split second decision Relaxing and placing a priority on body
about how to respond to a sabretooth tiger. awareness lowers anxiety. It interrupts the
Times have changed, but significant portions of normal autopilot interaction with the outside
our prehistoric wiring have not. We joke that world in favor of what is going on inside right
life is a jungle, but it is not. We spend our time now. Try this. Think about how your scalp
in “life after the jungle” with excess survival feels right now and also notice the temperature
programming. The use of mindfulness allows in the room. Now focus on your right elbow.
us to calibrate our response to perceptions and Does your elbow itch, hurt or is it just there
doing normal elbow stuff? The power of

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WWW.TFAPM.ORG THE ACADEMY VOLUME 1 2016

mindfulness allows us to control our focus. To morning routine to reflect on how you feel can
prove the point, you could focus on the room significantly diminish anxiety. However, this
temperature based upon what your scalp is works best when we maintain focus on our
reporting and compare it with that of your bodies’ response and not our judgment of how
elbow. You can free up mental creativity by things “should” be. Many things in life are
resetting your awareness whenever you feel important, but most are not life or death.
your anxiety level rise. Mindfulness allows us to take a moment and
(2) Move your body in ways that you don’t look at our thoughts and emotions as if they
normally. In the privacy of your office, break were suspended in time. We have to force our
out into an impromptu flying session and enjoy mind to look at its output before going to the
the freedom to move. Our muscles lock up next judgment as to what should be done. Said
when not used. Moving around is also the fix differently, this is self-evaluation without
for a locked up participant. You can ask a party judging your perceived well-being. If you can
and their attorney to walk with you outside for a arrest some of the anxiety related to the
few minutes while you discuss the offer and the unknown future, you can breathe a sigh of
options. Not only does it break up the standard relief. We cannot step into the same stream
office-based closed door session, but it connects twice. Awareness of life’s randomness helps us
the participants to the real outside world. approach a challenge with openness. With
Historically, we spent most of our awake time increased awareness comes an increase in
outside moving around. It is impossible to creative possibilities.
engage in resistant body configurations such as (5) Actively resist the natural instinct to
crossing your legs when walking. evaluate and judge new people. Even if you
(3) Run smile experiments. The muscles in think you can judge that person’s book by their
your face are connected with your feeling of cover, the contents of the book are inextricably
happiness. Make a point to smile at random linked to whether the person is operating in fear
people you see in an elevator or at the store. or awareness. Someone’s mode of dress, skin
Smiling at random people can be awkward, but color or accent can hijack your level of
that is the point. It forces us to break the fear of awareness due to judgments. The lack of
rejection and experience the world that is openness to additional possibilities will restrict
moving around us all the time. Notice how or block the ability to find acceptance of
many people respond with a smile in return. alternatives. The trick is to not allow one’s
My guess is that when you receive a return mind to make up its own mind. If the initial
smile from your stranger of choice, your judgment is not ever revisited, the magic of
happiness level will increase. Interestingly, mindfulness is slammed shut. Actively listening
your level of contentment will likely increase to someone, rather than thinking about your
either whether they smile back or completely response can make a huge difference. Focusing
ignore you. As a bonus, you boost your on your body’s physical and emotional response
mindfulness powers because you don’t know to your interactions will open up additional
that much about the stranger and there is layers of awareness.
nothing at stake. Thus, there is less to (6) Be mindful and let go. We can theoretically
categorize, judge and fear. You can develop a accept that the universe is in constant flux, but
sense of curiosity about the impact your smile it takes mindfulness to not hold on to things,
encounter had on your thoughts and feelings. thoughts and long held positions. Our ego often
You can also run the experiment with co- tries to freeze time and control the future by
workers and family members. Interact with replaying patterns from the past. Often the
them as if you were getting to know them for more control we exert, the less control we have.
the first time. Participants in your mediation may find
(4) Spend some quiet time every day focused on themselves battling with the concrete nature of
nothing but your body. Mindfulness is a skill their expectations and prior judgments of what
that has to be cultivated. Our mind is is fair. Participants may need to share their
constantly making judgments based on our story and experience the flood of feelings before
seven senses. Adding five minutes to your they can climb the ladder of mindfulness. If the
parties and attorneys are not familiar with

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mindfulness, they may be unaware of the the energy of openness during the mediation
physiology that takes over when we are focused process. Enjoy experimenting with your own
on a stressful event. Recalling the event can be thoughts. Take the challenge of self-awareness
almost as stressful as the original moment it and see if it changes how you experience the
took place. Mindfulness allows us to know that world.
the here and now is not the then and there. We
have to let go of yesterday’s fear to be aware of Stafford N. Shealy, J.D., F.E. is a licensed Florida attorney
the options presented by this moment. who focuses on providing outside general counsel services
Mindfulness techniques will have a growing to small and medium sized business. Mr. Shealy also
significance in mediation as the science of provides business consulting on best practices to avoid
perception and choice continue to develop. As litigation. He can be reached for consultations at (561)
mediators we can model mindful behavior and 5036-3330 or via the web at ShealyLawGroup.com.

May and June 2016 Live Format CME
Schedule

MAY

May 12th - 11:00AM - 1:00PM

"The Divisive Mind: Understanding the Mind-set of the
Mediating Client" (2.1 General CME)

Moderator: Stanley Zamor, FAPM President

Disagreement, Disparity, Disunity and uncompromising Dissension. What can cause two people who
once were willing to agree to become so disagreeable? When did the disparity between trust and
mistrust begin? How can disunity erupt out of a harmony that once was? And why is there so much
dissension where there was once such a dovish consideration for peace? These are just a few of the
questions and concerns that will be addressed in the upcoming seminar The Divisive Mind:
"Understanding the Mental Mindset of the Mediating Client." You don’t want to miss out on this
psychoanalytic and cognitive approach to understanding and identifying the causes to mediation
impasse, before the mediation process ever begins.

Members’ Price $10.00 Non-Members’ Price:$35.00

REGISTER HERE

REFERENCE “MAY12” IN PAYMENT



DIAL IN INFORMATION WILL BE EMAIL UPON PAYMENT RECEIPT

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May 17th - 11:00AM - 1:00PM

“Victim Advocacy in the Digital Age Part 1 of 2" (2.1 Domestic
Violence/General)

Moderator: May L. Cain, Esq. FAPM Member

With technology being a large part of our society, perpetrators of stalking and intimate partner
violence regularly misuse technology to harass, monitor and terrorize. The use of any form of
technology to stalk, repeatedly harass, threaten, or abuse another person may be considered
cyberstalking. To fully support survivors and hold perpetrators accountable, victim advocates and
service providers need to understand the various ways technology can be misused as a tool for abuse.
In this interactive session participants will learn the various ways survivors can increase their safety
and privacy using technology. Participants will also explore ways perpetrators misuse online spaces
to stalk, abuse and harass, and how survivors and service providers can document what's happening
and secure evidence of that abuse or stalkingParticipants will learn strategies used by perpetrators
through social media, location based applications,Bluetooth technology, and spyware.

Members’ Price $10.00 Non-Members’ Price:$35.00

REGISTER HERE

REFERENCE “MAY17” IN PAYMENT



DIAL IN INFORMATION WILL BE EMAIL UPON PAYMENT RECEIPT

May 19th - 11:00AM - 1:00PM

“In the Trenches of a Multiparty Dispute" (2.1 General)

Presented by: Stafford N. Shealy, Esq. - Moderated by Stanley
Zamor, FAPM CEO/President

The discussion will cover mediating complex construction and wrongful death matters.

Members’ Price $10.00 Non-Members’ Price:$35.00

REGISTER HERE

REFERENCE “MAY19” IN PAYMENT
DIAL IN INFORMATION WILL BE EMAIL UPON PAYMENT RECEIPT

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JUNE

June 7th - 11:30AM - 1:00PM

“All I really need to know I learned from the Financial
Affidavit" (1.5 Family/General)

Moderator: Deborah Beylus, FAPM Member and Stanley Zamor,
FAPM CEO/President

The Financial Affidavit s the most Important document to use in mediation for the mediator to
identify and understand the issues facing the parties in a pending family case.
When used correctly, the Financial Affidavit is one of the most helpful documents. It is relied upon
to calculate child support, identify the assets subject to equitable distribution as well as determine
whether alimony is necessary. When used correctly, a mediator can determine non financial issues
about the parties as well.
Even the errors and omissions can teach the Mediator about the financial and non financial issues
surrounding the case.
In this CME, we will go over the financial affidavit sections of the financial affidavit, the pitfalls to
avoid as a mediator and how to use the affidavit to identify most of the issues pending.

Members’ Price $10.00 Non-Members’ Price:$35.00

REGISTER HERE

REFERENCE “JUNE7” IN PAYMENT
DIAL IN INFORMATION WILL BE EMAIL UPON PAYMENT RECEIPT

PPPSSSTTT….

DID YOU KNOW YOU CAN RECEIVE CME CREDITS FOR
CONTRIBUTING AN ARTICLE TO ‘THE CAUCUS’???

EMAIL: [email protected] FOR DETAILS!

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JUNE SCHEDULE CONT.

June 16th - 11:00AM - 1:00PM

“It's Complicated: Mediation Appearance, Authority &
Agreements" (2.1 Ethics/General)

Moderator: TBA

This advanced ethics workshop is designed for mediators who mediate court referred cases in more
than one area of the court system. This workshop will focus on the nuances between court procedural
rules in the areas of party and participant appearance and authority and mediated agreements.

Members’ Price $10.00 Non-Members’ Price:$35.00

REGISTER HERE

REFERENCE “MAY19” IN PAYMENT
DIAL IN INFORMATION WILL BE EMAIL UPON PAYMENT RECEIPT

THANK YOU TO THE MODERATORS OF THE LIVE FORMAT CME
PROGRAM!

Stanley Zamor May Cain Ana Maldonado Dan Baldwin Danica J. Sun

IF YOU WOULD LIKE TO MODERATE A CME TELE-SEMINAR
FOR THE ACADEMY PLEASE COMPLETE THE MODERATOR

FORM AND EMAIL TO [email protected]!

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CALL FOR
BOARD

NOMINATIONS

Florida Academy of Professional Mediators, Inc. Is Seeking New Members for its Board of
Directors!
May 1, 2016
Dear The FAPM,

I am proud to announce a great opportunity to stand up and serve on the Florida Academy of
Professional Mediators, Inc. (FAPM) Board of Directors. The FAPM is Florida's first and oldest
ADR organization and we are striving to continue our historic tradition by strengthening our Board
of Directors. If you ever had a desire to make a strong impact and difference in the ADR
community, your chance is here, and now! "IF NOT YOU, THEN WHO?...".
The Academy is seeking members willing to serve on the 2016-2018 Board of Directors. Any
Regular or Diplomate member in good standing may request to be added to the ballot.
Nominations must be received by July1st, 2015. Please send an email with the subject line, "Board
of Directors Nomination" along with your attached resume to the Nomination Committee at
[email protected].

ALL NOMINATIONS MUST BE RECEIVED BY END OF BUSINESS DAY JULY 1ST, 2016.
Thank you for your time and consideration.

Sincerely,
Stanley Zamor, CEO/President
The Florida Academy of Professional Mediators, Inc.

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DEATH OF A
MEDIATOR


(Inspired by Actual Events)


By Stanley Zamor

I come to you with a heavy heart. I am gravely saddened for our community of professional neutrals
because we have lost yet another dedicated certified mediator. Although Albert D. Result, Esq.,
principal of the 15 year old firm, Sensible Mediation, Inc., is very much alive, he shut down his
practice forever in March 2016, after a 24-month battle against declining revenues. The closing of
Sensible Mediation, Inc., not only affects its principal, who has decided not to recertify and to leave
Florida, but also its four other employees, who are now out of work.

Albert was a well-established litigator (over 25 years) who decided to leave the practice of law and
answer what felt like a higher calling, being a certified mediator. It was not solely a profession or a
side business like most attorneys- turned-mediators. It became a way to impact those who
participated in the process of mediation. He dedicated himself to conflict resolution and to practicing
a “mindfulness” when mediating.

The circumstances that led to the death of Sensible Mediation, Inc., are not shocking, just sad; and it
is disturbing to know that many mediation practices are at risk of the same fate. Some can speculate
that it was today’s unstable economy or Sensible’s inability to adapt to the millennial business
climate. I submit to you that it was cronyism and unethical local mediator practices, practices that
Sensible Mediation, Inc., refused to adopt. Large-firm cronyism is keeping only certain mediators
busy thanks to personal relationships. Large insurance companies will only select mediators they
know will serve their interests by conducting mediation how the insurance companies want such
procedures conducted Unwilling to coerce insureds with unfavorable assessments of their claims,
Result found he could not secure enough engagements for Sensible Mediation to meet its expenses.

So, farewell Sensible Mediation, Inc. and its principal. You fought the good fight and stayed true to
the promise of ethical mediation.

This is based on real events. The names have been changes to protect the privacy of the mediator
and those involved.

The mediator who is the inspiration for this article has given me permission to write this piece and
has asked advocates of ADR and mediators who have taken the time to read this, to stand firm and
maintain the dignity of the profession by not letting “Big Company” control how the profession
evolves.

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THE ACADEMY IN THE NEWS:

EDMUND SIKORSKI, JR, J.D. NAMED 2016 NATIONAL LAW
JOURNAL ADR CHAMPION TRAILBLAZER

Stuart, FL – March 4, 2016 - Edmund
Sikorski of Treasure Coast Mediation
Services has been named a 2016
Alternative Dispute Resolution (ADR)
Champion “Trailblazer” by the
National Law Journal (NLJ). Sikorski
was nominated by his peers from the
legal arena and recognized for his
outstanding career as a mediator, and
continues to make his mark in various
aspects of alternative dispute
resolution. He was chosen due to his
distinguished accomplishments and
deep commitment in his field of
mediation. With over four decades as
an accomplished Michigan attorney,
he developed and extensive range of
legal experience that has enhanced his value as a successful Florida Supreme Court Certified
Circuit Civil Mediator & Appellate Mediator.

After an rigorous interview by the National Law Journal team, Sikorski informed them of his
published Litigator’s Practical Guide to Successful Mediation (Florida edition, © 2013) which is
available on line at www.treasurecoastmediation.com as well as a multitude of other published
articles.

Unlike other mediators, Sikorski is dedicated to performing mediations only, leaving the practice of
law to attorneys. “This specialization allows me to focus on the need to develop and implement better
tools and techniques to address the changing dynamics of the legal system,” states Edmund.

Visit the National Law Journal publication of coveted winners.

http://pdfserver.amlaw.com/nlj/flipbook/ADR_Champions/ADR_Champions_2016.html#p=34

###

About Edmund Sikorski, JR, J.D., Treasure Coast Mediation Services: With over 40 years of legal
experience and with Florida Supreme Court certifications as a Circuit Civil Mediator and Appellate
Mediator, Ed Sikorski is highly qualified to provide mediation services in the areas of law such as
personal injury, probate, maritime, and private associations.


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WWW.TFAPM.ORG THE ACADEMY VOLUME 1 2016

REMINDER!!!

THE ACADEMY IS SEEKING MODERATORS FOR ITS

LIVE FORMAT CME PROGRAM

IF YOU WOULD LIKE TO PARTICIPATE IN THIS PROGRAM PLEASE COMPLETE THE MODERATOR
FORM AND EMAIL TO [email protected]

Excellent! LIVE FORMAT Thank you! I
Great opportunity CME PROGRAM will continue
CONTINUES!!!! to attend…
to learn with
others statewide!
Email [email protected] to GREAT
inquire about moderating PROGRAM!

The Academy In the Community!

The Florida Academy of Professional Mediators attended the 2016 Professional Association Expo
at Nova Southeastern University. The event was held on the Jacksonville Campus on Saturday,
April 2, 2016 from 11:00am-1:00pm.

The Expo provided FAPM with the opportunity to recruit new members, connect with current
members, including students from multiple colleges and universities across Northeast Florida.
Additionally, opportunities to network with representatives across many industries. The event was
free to attend.

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