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PROMOTING PROBLEM SOLVING 28 th Annual Conference Florida Dispute Resolution Center PROGRAM BOOK AND GUIDE VIRTUAL CONFERENCE AUGUST 13 - 15, 2020

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Page 1: PROMOTING PROBLEM SOLVING

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PROMOTINGPROBLEM SOLVING

28th Annual ConferenceFlorida Dispute Resolution Center

PROGRAM BOOK AND GUIDE

VIRTUAL CONFERENCE

AUGUST 13 - 15, 2020

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WELCOME!

Dear Friends and Colleagues,

Welcome to the DRC’s 28th Annual Conference, Promoting Problem Solving. Although we will miss seeing you in person, we are excited to provide you with our first ever virtual conference. Since the advent of the COVID-19 pandemic, we have all experienced a myriad of opportunities to engage in problem solving – from figuring out how to work remotely to mastering mediation, arbitration, and parenting coordination by telephone or video conferencing - so this year’s theme is timely.

During normal and pandemic times, ADR professionals play a major part in enhancing access to justice by offering parties an opportunity to minimize the time they spend in the court system and modernizing the administration of justice by using technology. You also promote public trust and confidence in the court system by maintaining high standards of professionalism and ethical behavior when assisting parties in settling their disputes.

We are pleased to provide a forum for enhancing your skills and knowledge regarding alternative dispute resolution, especially as our world continues to demonstrate a need for professionals who can promote civil discourse and peaceful options to resolve disputes in all aspects of life.

We appreciate your contribution in serving the people of Florida by encouraging and facilitating the resolution of disputes.

Peace to you,

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TABLE OF CONTENTSPlease click on any of the headers below to jump to the corresponding section in this brochure.

Welcome .................................................................2

Table of Contents ...................................................3

Conference Schedule .............................................4

How to Have a Great Virtual Experience ...............5

Conference Recordings ..........................................6

Workshop Schedule at a Glance ............................7

Sponsors .................................................................9

Thursday, August 13 .............................................10

Friday, August 14 ...................................................11

Saturday, August 15 ...............................................23

Continuing Education Information ........................28

Certificate of Attendance ......................................29

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CONFERENCE SCHEDULEThursday, August 13 - Pre-Conference Trainings 12:30 – 6:00 PM Arbitration Training

1:00 – 5:45 PM Elder Mediation Training

7:00 – 8:00 PM Awards Ceremony

Friday, August 14

7:15 – 8:15 AM Virtual Yoga

8:30 – 9:30 AM Opening Plenary Session: What Seems to Be the Problem?

9:30 – 10:00 AM Break

10:00 – 11:00 AM Workshop Sessions A (seven concurrent sessions)

11:00 – 11:30 AM Break

11:30 AM

– 12:30 PM Workshop Session B (seven concurrent sessions)

12:30 – 1:30 PM Lunch Break

1:30 – 2:30 PM Plenary Session: The Mediator's Dilemma: Joint Session, or No Joint Session

2:30 – 3:00 PM Break

3:00 – 4:00 PM Workshop Session C (seven concurrent sessions)

4:00 – 5:00 PM Happy Hour!

5:00 – 6:00 PM Virtual Yoga

Saturday, August 15

7:15 – 8:15 AM Virtual Yoga

8:30 – 9:30 AM Plenary Session: Mediator Ethics & Vulnerable Adult Abuse: Understanding Our Responsibilities

9:30 – 10:00 AM Break

10:00 – 11:00 AM Workshop Session D (seven concurrent sessions)

11:00 – 11:30 AM Break

11:30 AM

– 12:30 PM Closing Plenary Session: Reimagining Mediation in the 21st Century.

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HOW TO HAVE A GREAT VIRTUAL EXPERIENCE

How to login / how to access the conference?

The Conference website address isDRCconference.com. This is the virtual "lobby" of the Conference from which all sessions will be streamed.

Your username is the email address you used to register for the conference. Your password is your confirmation number, which you can find in your confirmation email as well as in your attendee updates.

Once logged in, you do not have to re-enter it again, unless you clear your cookies or have a cookie blocker installed. Please note that your login can only be used on one device at a time.

To attend a session, click on "Agenda" and at the correct date and time, click on "Enter the Session".

To ensure you have a great experience, please make sure you have a few things ready prior to the start of the Conference:

• Have a strong internet connection! Make sure you have a strong WiFi signal or are connected to a hard line.

• Make sure your computer is fully updated and has all the latest updates installed.

• Visit the conference website and test the technology to familiarize yourself with its

major features, the schedule of events, etc.

• During the Conference, we will have an email address available where you can report any issues. However, any technology issues, such as unable to login, no audio, no video, etc. are more than likely due to your equipment and / or set-up and cannot be fixed by our help desk.

Interested in how a "virtual conference" actually works?

Prior to a session, speakers, presenters and panelists will log into a virtual “studio” (physically based in Orlando, FL, only a stone's throw away from where the conference was supposed to be held!) via their preferred platform, such as Zoom, Teams, Skype, etc.

In the studio, much like an executive producer on TV, the production team from AVmedia will pick up these feeds, add the presenters' presentations / slides / videos / etc. on another part of the screen, add title overlays (think like the “breaking news” overlay on news channels). They also add a chat box for questions as well as any other functionality.

And finally, they put it all together and broadcast it via a separate system, called Vimeo Live, to you!

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CONFERENCE RECORDINGSDid you miss a plenary session or workshop you really wanted to attend?All plenary sessions and workshops will be video recorded. These recordings, together with the session's presentation materials, will be available for free on the Conference website(DRCconference.com) for 60 days, until Tuesday, September 15, 2020. All registered attendees can access and stream them there.

After September 15, 2020, the recordings will be moved to www.cmerecordings.com, where they will be available for purchase. The fee to access them there will be $5 per recording or $75 for all recordings.

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WORKSHOP SCHEDULE-AT-A-GLANCEEach workshop is eligible for 1.2 CME hours.

Friday, August 1410:00 - 11:00 AM

Friday, August 1411:30 AM - 12:30 PM

Workshop Session A1:ADR and Real Property Case Law Update: Mileposts for 2019 - 2020(CME: Mediator Ethics)

Workshop Session B1: Personal vs. Professional Mediation Ethics(CME: Mediator Ethics)

Workshop Session A2:Privadentiality: Making Sense of Florida Statutory Communication Protections(CME: Mediator Ethics)

Workshop Session B2:MEAC: Year in Review(CME: Mediator Ethics)

Workshop Session A3:Encountering Human Trafficking(CME: Interpersonal Violence)

Workshop Session B3: Intimate Partner Violence: Research and Impact on Mediation (CME: Interpersonal Violence)

Workshop Session A4:XYZ: Communicating Across Generations at Mediation (CME: Cultural Diversity)

Workshop Session B4: Mediating Extraordinary Families: Special Needs, LGBTQIAA and Extended Families (CME: Cultural Diversity)

Workshop Session A5: Leading with Emotional Intelligence(CME: General)

Workshop Session B5: Mediation in Estates, Trusts, and Guardianships(CME: Circuit)

Workshop Session A6:Brain Mapping for Conflict Resolution Professionals(CME: General)

Workshop Session B6: Mediators and Detectives Make Great Problem Solvers! (CME: General)

Workshop Session A7:Finding Nonmonetary Solutions to Cross the Resolution Finish Line(CME: General)

Workshop Session B7: Appellate Mediation - Why is it Different?(CME: General)

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WORKSHOP SCHEDULE-AT-A-GLANCEEach workshop is eligible for 1.2 CME hours.

Friday, August 143:00 - 4:00 PM

Saturday, August 1510:00 - 11:00 AM

Workshop Session C1:Walking the Tight Rope in Mediation: The Art of Balancing Evaluation Tech-niques(CME: Mediator Ethics)

Workshop Session D1:The Rules for Certified and Court Appointed Mediators; An In Depth Discussion(CME: Mediator Ethics)

Workshop Session C2:Ethics in Elder Mediation and EldercaringCoordination: The Clock is Ticking(CME: Mediator Ethics)

Workshop Session D2:Walking the Tight Rope in Mediation: The Art of Balancing Evaluation Techniques (Repeat from Session C1. CME: Mediator Ethics)

Workshop Session C3:Trauma Responsive Courts & Dispute Resolution(CME: Interpersonal Violence)

Workshop Session D3:The Collaborative Process: What You Need to Know About It(CME: Family)

Workshop Session C4:Cultural Diversity When Mediating Church Involved Disputes(CME: Cultural Diversity)

Workshop Session D4:Recognizing and Dealing with Cognitive Biases in Mediation(CME: Cultural Diversity)

Workshop Session C5:Getting to Effective(CME: General)

Workshop Sessions D5:Changing Schools in Florida through the TP2K Movement(CME: General)

Workshop Session C6:A Mediator's Guide to the Financial Affidavit(CME: Family)

Workshop Sessions D6:Decision Fatigue: Hidden Factors that Impede Progress(CME: General)

Workshop Session C7:The ABC's of Receiverships(CME: Circuit)

Workshop Sessions D7: The Nuts and Bolts of Zoom(CME: General)

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THURSDAY, AUGUST 13 12:30 - 6:00 PMPre-Conference Training: Arbitration

Meah Tell, Esq.General Practitioner/Bilingual Mediator and Arbitrator at Meah Rothman Tell, P.A.

CME: The arbitration training is not eligible for CME credits.CLE: Approved by The Florida Bar for 5.5 general hours including 1.0 hour of legal ethics. Cource No. 1905156N.

This four-hour training program promotes comprehensive understanding and skills development for the arbitrator appointed to arbitrate a nonbinding county or circuit court action.

This training meets the requirementsof rule 11.020, Training, Florida Rules for Court-Appointed Arbitrators.

12:30 - 1:00 PM Sign-in and introductions1:00 - 2:00 PM Session2 :00- 2:15 PM Break2:15 - 3:20 PM Session3:20 - 3:35 PM Break3:35 - 4:55 PM Session4:55 - 5:10 PM Break5:10 - 6:00 PM Session & wrap up

1:00 - 5:45 PMPre-Conference Training: Elder Mediation: What You Need to Know

Elinor Robin Ph.D.Mediator and Mediation Trainer, Mediation Training Network

CME: Eligible for up to 4.8 hours including 4.8 hours of cultural diversity, 1.0 hour of mediator ethics, and 0.50 hour of interpersonal violence (IPV).CLE: Approved by The Florida Bar for 5.0 general hours including 1.0 hour of ethics. Course No. 2004722N.

As the population grows older the demand for mediators who specialize in Elder Law Mediation and Shared Family Decision Making should continue to increase.

This workshop will introduce you to an Elder Mediation model and some best practices for this mediation specialty. We will also discuss the rewards and challenges of this practice area so that you can determine if expanding your practice into this area of practice is right for you.

This program is considered Continuing Mediator Education. In Florida, there is no Elder Mediation Certification and as such this program is not a Certification Program.

1:00 - 2:00 PM Session: Welcome! Housekeeping. What is Elder Mediation?2:00 - 2:15 PM Break2:15 - 3:15 PM Session: Elder Mediation: Exploring A Different Mediation Model3:15 - 3:30 PM Break

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THURSDAY, AUGUST 13 (CONTINUED) 3:30 - 4:30 PM Session: 3:30 PM Meryl Comiter MA, PT, FACHE. Alphabet Soup of Healthcare 4:00 PM Shannon Miller, BCS, Esq. Exploitation Injunction4:30 - 4:45 PM Break4:45 - 5:45 PM Session: 4:45 PM Norma Berger. Geriatric Care Management 5:15 PM Where do we go from here? Moving Forward: Overcoming Challenges and Creating Opportunities.5:45 PM Happy trails. Enjoy the Conference!

7:00 - 8:00 PMAwards Ceremony andVirtual Opening ReceptionFour awards will be presented to professionals in alternative dispute resolution at the Thursday, 7:00 to 8:00 PM awards ceremony.

The Sharon Press Excellence in ADR Award is bestowed to an individual who demonstrates the qualities of visionary leadership, professional integrity and unwavering devotion to the field of alternative dispute resolution.

The Dispute Resolution Center Appreciation Award was inaugurated in 1997 to formally recognize individuals who make outstanding contributions to the field of ADR in Florida over a significant period of time and will be awarded to three people this year.

FRIDAY, AUGUST 147:15 - 8:15 AMWellness Activity: Friday Morning Yoga

Kristen MoryCertified fitness instructor, attorney, Florida Supreme Court Certified Circuit Mediator and Florida Bar certified diversity trainer

Login and enjoy a slow-moving yoga session – virtually! Take a deep breath and let it all go in this Hatha / Vinyasa flow class.

This class combines flow (synchronizing breath and movement) with holding and deepening into postures and will leave you feeling rejuvenated and totally conference and mediation ready!

This class is suitable for all levels including those that have not tried yoga before. All you will need is comfortable clothing, a mat or towel and apositive attitude!

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FRIDAY, AUGUST 14 (CONTINUED)8:30 - 9:30 AMOpening Remarks and Keynote Session: What Seems to Be the Problem?(CME: General)

Barry GoldmanKeynote Speaker

If dispute resolution is ever going to be taken seriously as a profession and a field of study, it is going to have to become more scientific. The history of medicine can serve as a model for how that might happen.

Dispute resolution is like medicine; it’s just a thousand years behind.

9:30 - 10:00 AMBreakContinue the conversation! Use the chat box or #DRC2020 on Twitter or Instagram to introduce yourself, share your thoughts and your virtual conference location!

10:00 - 11:00 AMSession A1: ADR and Real Property Case Law Update: Mileposts for 2019 - 2020(CME: Mediator Ethics)

Michael GelfandSenior Shareholder, Gelfand & Arpe, P.A.

As the real estate market booms and busts, and communities increase and wan, this session will prepare mediators to be ready to mediate the disputes that will follow, including addressing new issues in condominium and homeowners’ association law mandatory ADR, and real estate in general.

Explore recent decisions that impact your mediation and arbitration practices, including decisions impacting ethical issues and in the area of real property law. Understand how the appellate courts reach their holdings.

Join the conversation online.Use #DRC2020 on Twitter or Instagram

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FRIDAY, AUGUST 14 (CONTINUED) 10:00 - 11:00 AMSession A2: Privadentiality: Making Sense of Florida Statutory Communication Protections(CME: Mediator Ethics)

Gregory FirestonePresident, My Florida Mediator

Sharon Press Director, Dispute Resolution Institute and Professor, Mitchell Hamline School of Law

There is a confusing array of communication protections across the spectrum of DR methods and no clear rationale for the varying communication protections.

This interactive workshop:1. invites participants to consider differences

between communication protections for mediation, collaborative law, and parenting coordination.

2. introduces a new term, privadentiality, to better describe DR communication protections

3. offers a framework for categorizing DR methods in order to develop more meaningful and understandable communication protections across the spectrum of DR.

10:00 - 11:00 AMSession A3: Encountering Human Trafficking(CME: Interpersonal Violence)

MaryAnn AiyerMediation Services Coordinator,Florida Fifth Circuit

Human trafficking is an ugly epidemic in our world, and it is impacting Central Florida with force.

Learn how human trafficking intersects with individuals in various industries and with social media. Equip yourself with the knowledge to recognize human trafficking and respond quickly, safely.

10:00 - 11:00 AMSession A4: XYZ: Communicating Across Generations at Mediation (CME: Cultural Diversity)

Kristen FoltzProfessor, The University of Tampa

James RatliffPrincipal Planner, Hillsborough County

This workshop will explore communication barriers and issues relating to generational differences in the mediation process.

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FRIDAY, AUGUST 14 (CONTINUED)Special attention will be given to how to improve communication in mediation to ensure all participants understand and feel included in the process regardless of age.

Theories regarding communication styles and conflict will be addressed followed by a brainstorming session on best practices to avoid communication pitfalls during the process.

This will include a review of relevant mediation rules, statutes and MEAC opinions.

10:00 - 11:00 AMSession A5: Leading with Emotional Intelligence(CME: General)

Robert ZarrilliPresident, Zarrilli Training and Consulting

Emotional intelligence or EI is the ability to understand and manage your own emotions, and those of the people around you. This workshop will teach People a high degree of emotional intelligence know what they’re feeling, what their emotions mean, and how these emotions can affect other people.

Emotional intelligence is essential and is the foundation of all mediation and dispute resolution. After all, who is more likely to walk away from a dispute resolved – someone who shouts and creates a stressful environment or someone who stays in control, and calmly assesses the situation.

10:00 - 11:00 AMSession A6: Brain Mapping for Conflict Resolution Professionals(CME: General)

Clay PhillipsMediator & Mediator Trainer, Clay Phillips Mediation & Training

The human conflict condition is three-dimensional: cognitive, emotional, and behavioral - each interdependent on the other. How we experience and process conflict is predictable if we understand how / where this activity originates and is processed in the brain. Likewise, when we transition from conflict toresolution, there is notable change in what motivates the brain’s activity. Knowing this, conflict resolution professionals can utilize extremely effective techniques to help the parties move from an emotional state to a cognitive state of decision-making.

10:00 - 11:00 AMSession A7: Finding Nonmonetary Solutions to Cross the Resolution Finish Line(CME: General)

Robin Caral-ShawAttorney/Mediator and Primary Trainer, Law Office of Robin Caral Shaw, P.A.

Almost every situation can have a nonmonetary element to the resolution that clinches the deal. A landlord offers advertising in a shopping center flyer,

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FRIDAY, AUGUST 14 (CONTINUED)a store owner offers gift certificates, a parent offers additional timesharing, or a party makes an apology.

These nonmonetary offers can satisfy an emotional or practical need that makes the resolution possible.

Using actual examples from the speaker and the audience, the importance of nonmonetary factors in a mediation will be made clear.

11:00 - 11:30 AMBreakContinue the conversation! Use the chat box or #DRC2020 on Twitter or Instagram to introduce yourself, share your thoughts and your virtual conference location!

11:30 AM - 12:30 PMSession B1: Personal vs. Professional Mediation Ethics(CME: Mediator Ethics)

Chester WilsonExecutive Director/Mediator, CW Consulting Firm

This presentation will discuss and explore personal and professional mediation ethics and how it affects a person and the workplace.

This presentation will outline the similarities and the differences in ethics and will examine the workplace culture versus personal beliefs and discuss the possible conflicts that arise in an employee’s personal versus professional ethics.

This presentation will conclude with examples of how personal and professional ethics may conflict and potential solutions to resolve the conflict.

11:30 AM - 12:30 PMSession B2: MEAC: Year in Review(CME: Mediator Ethics)

Christy Foley Attorney-Mediator, E-Mediation Services

This workshop will review the 2019-2020 MEAC opinions that were published, explain them, and help mediators to understand the practical implications ofthem. Specifically, we will explore why the MEAC opinions were decided the way they were and how mediators can avoid the ethical problems addressed in each opinion.

11:30 AM - 12:30 PMSession B3: Intimate Partner Violence: Research and Impact on Mediation(CME: Interpersonal Violence)

Judith McKay Associate Professor of Conflict Resolution and Community Studies, Nova Southeastern University

This workshop will present recent research and perspectives on intimate partner violence. It will examine the typology of intimate partner violence and the efficacy of various interventions. Subtopics will include multi-cultural perspectives, multi-modal considerations, and the impact on mediation. While intimate family violence may begin in the home, it never stays there; it affects families, communities, and the workplace. Consequently, it requires a collaborative effort to understand and analyze the causes and to create and initiate preventative measures and appropriate interventions.

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FRIDAY, AUGUST 14 (CONTINUED)11:30 AM - 12:30 PM Session B4: Mediating Extraordinary Families: Special Needs, LGBTQIAA and Extended Families(CME: Cultural Diversity)

Natalie BairdAttorney and Mediator, Natalie Baird Mediations

Sarah KayAttorney, Mediator, and Guardian ad Litem, Natalie Baird Mediations

This workshop is designed to assist mediators with understanding the unique cultures and perspectives of families with special needs children, families withLGBTQIAA members, and families that are comprised of more than simply parents and their shared biological children; understanding how thosedifferences impact the mediation process; and ethical considerations when conducting the mediations.

11:30 AM - 12:30 PMSession B5: Mediation in Estates, Trusts, and Guardianships(CME: Circuit)

Steve Ellis Attorney/Mediator/Strategist, Ellis Resolutions

This workshop will explore the applicability of the:A. Florida General Rules of MediationB. Mediator Ethics and Advisory Committee (MEAC)

RulingsC. Present case law regarding incapacity and other

issues to mediation in the area of estates, trusts, and guardianship litigation and pre-litigation conflicts.

11:30 AM - 12:30 PMSession B6: Mediators and Detectives Make Great Problem Solvers!(CME: General)

Jennifer HodgesFlorida Supreme Court Certified County, Circuit, Family and Dependency Mediator

Mediators are often like detectives. They develop agendas and help their parties discover solutions to problems.

This workshop will focus on strategies tounearth the agenda of the parties and cultivate possible solutions which could lead to an outgrowth of positive outcomes.

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FRIDAY, AUGUST 14 (CONTINUED)Designed interactively, the participants will be challenged to solve several logic challenges...many which will show that several solutions exist.

The goal is to have participants recognize that multiple solutions to a given problem can and do exist.

11:30 AM - 12:30 PM Session B7: Appellate Mediation - Why is it Different?(CME: General)

Jamie MosesSenior counsel, Holland & Knight LLP

Why is appellate mediation different - what do you need to know to be an effective appellate mediator and gain the confidence of appellate practitionersto trust you with the appellate mediation needs?

12:30 - 1:30 PMBreakContinue the conversation! Use the chat box or #DRC2020on Twitter or Instagram to introduce yourself, share your thoughts and your virtual conference location!

1:30 - 2:30 PMPlenary Session: The Mediator’s Dilemma: Joint Session, or No Joint Session(CME: General)

George KnoxMediator/Facilitator/Peacemaker

This session will explore the opportunities and challenges of including joint sessions in the mediation protocol. The discussion will feature candid and provocative arguments about whether the mediator can enhance the likelihood of agreement by the creative use of all items in the facilitation toolbox.

The discussion will include suggestions about how to effectively blend joint sessions and caucuses into a combination of formats that expand the universe of options for the mediator, and minimize the discomfort of the parties.

2:30 - 3:00 PMBreakContinue the conversation! Use the chat box or #DRC2020 on Twitter or Instagram to introduce yourself, share your thoughts and your virtual conference location!

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FRIDAY, AUGUST 14 (CONTINUED)3:00 - 4:00 PMSession C1: Walking the Tight Rope in Mediation: The Art of Balancing Evaluation Techniques(CME: Mediator Ethics)

Harold Coleman Jr Senior Vice President, AAAMediation.org Alexia Georgakopoulos Director, Institute of Conflict Resolution & Communication

Rebecca StorrowCommercial Vice President, Miami Regional OfficeAmerican Arbitration Association

A series of case simulations will help participants uncover the opportunities and pitfalls in supporting a party’s evaluation of their position. Strategic techniques should yield to the ethical, socio-psychological dimensions, and cultural framesof problem solving.

We will challenge the rational-strategic approach to decision making that insists parties will always choose the “better” option or correctly assess risk and reward.

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FRIDAY, AUGUST 14 (CONTINUED)3:00 - 4:00 PMSession C2: Ethics in Elder Mediation and Eldercaring Coordination: The Clock is Ticking(CME: Mediator Ethics)

Linda FieldstoneCo-Chair Elder Justice Initiative on Eldercaring Coordination, FLAFCC/ACR

Fran TetunicProfessor of Law, Director Dispute Resolution Clinic, Nova Southeastern University Shepard Broad College of Law

Kim TorresFlorida Supreme Court Certified Circuit-Civil, Family, and County Mediator, Torres Mediation

Florida’s older population is on track to double between 2010 and 2040. Learn more about the unique characteristics of this population and how to best meet their dispute resolution needs via elder mediation and eldercaring coordination.

Through discussion and interactive activities, we will address the ethical dilemmas we face and why working with older adults and their families requiresspecialized skills and training.

3:00 - 4:00 PMSession C3: Trauma Responsive Courts & Dispute Resolution(CME: Interpersonal Violence)

Leigh MerrittCourt Operations Consultant, Office of the State Courts Administrator, Office of Court Improvement

Adrienne MillerSenior Court Analyst, II, OSCA-CIP

This workshop will address how trauma can present in the dispute resolution process, something that is not regularly considered. When participants haveexperienced trauma, they may be appear to be resistant or angry, but a mediator who understands trauma can not only work past those feelings, butavoid re-traumatization during the dispute resolution process.

This workshop will also benefit mediators who may unknowingly take-on some of this outside trauma or become overwhelmed in the process of trying to help others who have experienced trauma.

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FRIDAY, AUGUST 14 (CONTINUED)3:00 - 4:00 PMSession C4: Cultural Diversity When Mediating Church Involved Disputes(CME: Cultural Diversity)

Thomas ColbertPresident, Resolution and Mediation Services (R.A.M.S.)

Ferman RichardsonR.A.M.S. Trainer, Resolution and Mediation Services

A proactive training, with a no-holds-barred passion, designed to warn, protect, and equip workshop participants with the necessary tools needed to assess and positively check and consider the “diversity of thought” in a climate frequently found within the Church/Religious arena, where Conviction and Belief often opposes Changing Laws of Inclusion, while providing workshop participants with strategies to possibly avoid the pitfalls now found in an increasingly litigious society.

3:00 - 4:00 PMSession C5: Getting to Effective(CME: General)

Stacey MullinsAttorney/Mediator, Schuttler Greenberg & Mullins, LLC

This presentation focuses on elements of personal communication; effective mediation negotiation skills including focusing on interests, not positions,

problem analysis, preparation, the importance of validating emotions, and creating a collaborative environment; tools of active listening skills; verbal and nonverbal communication; communication blockers; being effective versus being right; and ethics.

3:00 PM - 4:00 PMSession C6: A Mediator’s Guide to the Financial Affidavit(CME: Family)

Deborah BeylusFlorida Supreme Court Certified County, Circuit, Family and Dependency Mediator, Certified Divorce Financial Analyst, South Florida Mediation Services

• Identify the role of financial affidavits in mediation.

• Identify the components of the financial affidavit.• Calculating the types and amount of income on

the financial affidavit used for calculating child support.

• Determine monthly financial net surplus or deficit and analyze alimony options.

• Review the client’s assets and debts and valuations used to identify marital assets, values for equitable distribution.

• Identify the relationship between the expenses and debt.

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FRIDAY, AUGUST 14 (CONTINUED)3:00 - 4:00 PMSession C7: The ABC’s of Receiverships(CME: Circuit)

Amir IsaiahPartner / Adjunct Law FacultyGenovese Joblove & Battista, P.A. / University of Miami School of Law

What is a receiver? When should you seek an appointment of one? What is FCRERA (Florida Commercial Real Estate Receivership Act)?

An overview on receiverships, including the roles & types of receiverships, ethical considerations, qualifications of a receiver, and legal & equitableauthority for the appointment of a receiver, will be discussed.Procedural aspects, pre-appointment issues, engagement of professionals, locating ofassets, the receiver’s neutrality, funding of the estate, and how the appointment of a receiver can alter the dynamic of the underlying dispute, will also be discussed.

4:00 - 5:00 PMHappy Hour! Get to know your fellow attendeesTGIF! Join the conversation, introduce yourself and play some online trivia!

You can use the main chat function, learn more about our sponsors by visiting their virtual booths or play a game of online trivia!

To play in the DRC Conference online trivia challenge, click on this weblink on your phone, iPad or tablet. You will enter your answers to the trivia questions there.

On your main computer, enter the Zoom meeting to see the trivia screen with the questions, answers and the live standings on the leaderboard!

5:00 - 6:00 PMWellness Activity: Friday Evening YogaHosted by Kristen Mory, certified fitness instructor, attorney, Florida Supreme Court Certified Circuit Mediator and Florida Bar Certified Diversity Trainer.

After a long day of online sessions, you are invited to login one more time and enjoy a slow-moving yoga session! Take a deep breath and let it all go in this Hatha / Vinyasa flow class. This class combines flow (synchronizing breath and movement) with holding and deepening into postures and will leave you feeling rejuvenated. This class is suitable for all levels. All you will need is comfortable clothing, a mat or towel and a positive attitude.

7:15 - 8:15 AMWellness Activity: Saturday Morning YogaHosted by Kristen Mory, certified fitness instructor, attorney, Florida Supreme Court Certified Circuit Mediator and Florida Bar Certified Diversity Trainer.

Login and enjoy a slow-moving yoga session – virtually! Take a deep breath and let it all go in this Hatha / Vinyasa flow class. This class combines flow (synchronizing breath and movement) with holding and deepening into postures and will leave you feeling rejuvenated and totally conference and mediation ready! This class is suitable for all levels including those that have not tried yoga before. All you will need is comfortable clothing, a mat or towel and a positive attitude!

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SATURDAY, AUGUST 158:30 - 9:30 AMPlenary Session: Mediator Ethics & Vulnerable Adult Abuse: Understanding Our Responsibilities(CME: Mediator Ethics and Interpersonal Violence)

Join moderator Susan Marvin and a panel of distinguished experts as they delve into the nuances of mediator ethical responsibilities and interpersonal violence issues encompassing one of Florida’s most susceptible populations, vulnerable adults.

Panelists working in adult abuse investigations, the judiciary, and mediation fields will discuss topics addressing basic legal frameworks for reporting abuse, recognizing capacity and exploitation in proceedings, and statutory and ethical obligations for certified mediators.

Panelists include the Honorable Michelle Morley, Judge; Elizabeth Alacci, APS Program Specialist, Department of Children and Families and Juan Collins, Senior Attorney, Dispute Resolution Center.

The Best Software for Florida Family Mediation

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9:30 - 10:00 AMBreakContinue the conversation! Use the chat box or #DRC2020 on Twitter or Instagram to introduce yourself, share your thoughts and your virtual conference location!

10:00 - 11:00 AMSession D1: The Rules for Certified and Court-Appointed Mediators(CME: Mediator Ethics)

David WolfsonRetired Director for the State Court Mediation Unit in the Second Circuit of Florida

The Rules for Certified and Court Appointed Mediators will be discussed in depth. Examples for their application will be given along with MEAC interpreting them. Audience participation will be requested for further examples of how the rules have been applied.

10:00 - 11:00 AMSession D2: Walking the Tight Rope in Mediation: The Art ofBalancing Evaluation Techniques(CME: Mediator Ethics)

Harold Coleman Jr Senior Vice President, AAAMediation.org Alexia Georgakopoulos Director, Institute of Conflict Resolution & Communication

Rebecca StorrowCommercial Vice President, Miami Regional OfficeAmerican Arbitration Association

This is a repeat from Workshop Session C1 on Friday, August 14, 3:00 - 4:00 PM.

A series of case simulations will help participants uncover the opportunities and pitfalls in supporting a party’s evaluation of their position. Strategic techniques should yield to the ethical, socio-psychological dimensions, and cultural framesof problem solving.

We will challenge the rational-strategic approach to decision making that insists parties will always choose the “better” option or correctly assess risk and reward.

SATURDAY, AUGUST 15 (CONTINUED)

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SATURDAY, AUGUST 15 (CONTINUED)10:00 - 11:00 AMSession D3: The Collaborative Process: What You Need to Know About It(CME: Family)

Robert MerlinCollaborative Attorney, Robert J. Merlin, P.A

More and more family attorneys are becoming trained in the Collaborative Process.

This workshop will give all family attorneys an opportunity to learn what they need to know about the basics of the Collaborative Process.

It will give trained Collaborative attorneys an opportunity to dig deeper into the Collaborative Process, especially the ethical rules that apply to all attorneys and specifically, Collaborative attorneys.

10:00 - 11:00 AM Session D4: Recognizing and Dealing with Cognitive Biases in Mediation(CME: Cultural Diversity)

Howard Marsee Attorney/Mediator/Arbitrator/Special Magistrate, Upchurch Watson White & Max

Humans are not, strictly speaking, rational decision makers. Negotiators do not necessarily make critical decisions based on logical or economic bases. Ourdecision-making process is burdened by a tangle of cognitive biases.

These arise because we make decisions based on rules of thumb and mental shortcuts called” heuristics.”

This presentation will identify many of these cognitive biases, how to recognize them, how they affect mediation, and how we, as mediators, might deal with them.

10:00 - 11:00 AMSession D5: Changing Schools in Florida through the TP2K Movement(CME: General)

Isis ClementePresident & Author, TP2K Orientation and Mediation Services

As mediators, we believe that problems can be solved by looking for alternatives. I first became aware of this perspective in my late 30’s as an adult.But… What If… we were to train children, as young as Kindergarten, as well as teachers, counselors, administrators and parents to filter confrontations through the: “What is the alternative?” lens. Let’s erase shouting, chastising and/or using violence. Join us in a movement that will change schools in Florida through the series named: “Teach Peace to Kids” aka (TP2K).

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SATURDAY, AUGUST 15 (CONTINUED)10:00 - 11:00 AMSession D6: Decision Fatigue: Hidden Factors that ImpedeProgress(CME: General)

Christine HammondLicensed Mental Health Counselor, LifeWorks Group

Have you ever wondered about the hazy, glassy-eyed, indecisive appearance during collaboration?

It could be decision exhaustion which happens to clients and professionals alike. This hidden factor drags out the process unnecessarily, triggers past abusive behavior, causes survival mode to kick in, and alienates members of the team.

Learn how to identify past occurrences, modify current circumstances to minimize the impact, and prevent it in the future.

10:00 - 11:00 AMSession D7: The Nuts and Bolts of Zoom(CME: General)

Ana Cristina MaldonadoFlorida Supreme Court Certified Family, Circuit and Dependency Mediator

This training for mediators is on the topic of ZOOM account setup, meeting creation and scheduling, technology issue troubleshooting, ZOOM tools, and meeting safety.

11:00 - 11:30 AMBreakContinue the conversation! Use the chat box or #DRC2020 on Twitter or Instagram to introduce yourself, share your thoughts and your virtual conference location!

11:30 AM - 12:30 PM Closing Plenary Session: Reimagining Mediation in the 21st Century(CME: General)

Alyson CarrelClinical Associate Professor & Assistant Director Center on Negotiation and Mediation, Northwestern University Pritzker School of Law

What do you want the world to look like? If you could do this all over again, is there anything you would/could have done differently?We ask our parties these questions all the time, but how often do we ask these questions to ourselves? What would we discover if we did? As much as mediation successfully saves time, saves money, lifts up voices, and repairs relationships, we face certain challenges and limitations. Research demonstrates that the general public still is not familiar with mediation, that Mediators still do not often reflect the community in which they serve, and some notable parties, such as Harvey Weinstein, have abused confidential processes and enacting NDAs to cover up rampant sexual harassment.

It is in this context that we need to ask ourselves how we might do better and enhance the mediation and settlement process in the 21st-Century.

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Special Thanks!The Florida Dispute Resolution Center thanks all partners that helped make the 28th Annual Florida Dispute Resolution Center Conference a success.

• ADR Section of The Florida Bar

• AVmedia• ConferenceDirect / Bonda

Experiences• Convention Recordings• Family Law Software• Florida Academy of

Professional Mediators• The Florida Bar

• Mediation Training Network

• Mediation Suites• O’Steen & O’Steen, P.L.• Office of State Courts

Administrator• The National Academy of

Distinguished Neutrals• Rosen Centre Hotel• And all attendees,

presenters, sponsors and staff!

In some ways, the pandemic has forced us all to become ODR practitioners by moving our mediations online and reckoning with the benefits (and yes, limitations) of technology. But how else might this pandemic lead us to reimagine mediation and even embrace the potential benefits of technology beyond video conference software?

Professor Carrel will discuss her recent articles exploring how tools such as litigation analytics, collaborative document tools, and multi-party securecomputation may enhance our practice, address longstanding debates or concerns, and reimagine mediation in the 21st century.

SATURDAY, AUGUST 15 (CONTINUED)

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Pre-Conference Trainings

Arbitration Training

CME: None, the arbitration training is not eligible for CME credits.

CLE: The Florida Bar has approved this pre-conference training for 5.5 general hours including 1.0 hour of legal ethics. Course No. 1905156N.

Elder Mediation Training

CME: Eligible for up to 4.8 hours including 4.8 hours of cultural diversity (CD), 1.0 hour of mediator ethics (E), and 0.50 hour of interpersonal violence (IPV).

CLE: The Florida Bar has approved this pre-conference training for 5.0 general hours including 1.0 hour of ethics. Course No. 2004722N.

Please note: There is no Florida Supreme Court elder mediator certification.

Conference

CME: All of the main Conference workshops and plenaries are 1.2 CME hours each.

The Conference is eligible for up to 9.6 hours including 1.2 hours of mediator ethics (E), and 1.2 hours of interpersonal violence (IPV).

Additional mediator ethics (E), interpersonal violence (IPV), and cultural diversity hours (CD) are available via individual workshops.

CLE: The Florida Bar has approved this Conference for 8.5 general hours, including 2.5 hours bias elimination and 3.5 hours ethics. Course No. 2004721N.

MiscellaneousAn attendance form (Certificate of Attendance) can be found on Page 29 of this program book.

A downloadable version of the Certificate of Attendance can be found on www.flcourts.org (please select Dispute Resolution).

Florida Bar members, please post your CLE hours online at www.floridabar.org.

CME Legend:CD: Cultural DiversityIPV: Interpersonal ViolenceE: EthicsF: FamilyG: GeneralR: Circuit

CONTINUING EDUCATION INFORMATION

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Certificate of AttendanceThis is to recognize that

______________________________________________________________(your name)

attended the 28th Annual Dispute Resolution Center Conference, sponsored by the Florida Dispute Resolution Center, Office of the State Courts Administrator, Florida Supreme Court, held virtually on August 13 - 15, 2020.

Conference CME: The Conference was eligible for up to 9.6 hours including 1.2 hours of mediator ethics (E), and 1.2 hours of interpersonal violence (IPV). Additional mediator ethics (E), interpersonal violence (IPV), and cultural diversity hours (CD) are available via individual workshops.

_________________________Susan Marvin, J.D.Chief of ADR, Florida Dispute Resolution Center Individual Attendance Record(Please write in the title of each workshop attended in the spaces provided below)

Friday, August 14, 2020Opening Plenary Session with Barry Goldman ...................... 1.2 General (G) CMEWorkshop Session A: ____________________________________ 1.2 CMEWorkshop Session B: ____________________________________1.2 CMEPlenary Session with George Knox .........................................1.2 General (G) CMEWorkshop Session C: ____________________________________1.2 CME

Saturday, August 15, 2020Plenary Session: Mediator Ethics & Vulnerable Adult Abuse: Understanding our Responsibilities ........................................................................1.2 Ethics (E) and (IPV) CMEWorkshop Session D: _____________________________________1.2 CMEClosing Plenary Session with Alyson Carrel ...........................1.2 General (G) CME

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THANK YOU FOR ATTENDING THE

28TH ANNUALDRC CONFERENCE!

2929thth Annual DRC Conference Annual DRC ConferenceAugust 12 - 14, 2021August 12 - 14, 2021

SAVE THE DATE!SAVE THE DATE!Rosen Centre Hotel | Orlando, FLRosen Centre Hotel | Orlando, FL