The 2017 PMI Mediation Institute will be August 6 - 7th at the Orlando World Center Marriott in conjunction with the Annual WCI Workers' Compensation Educational Conference. Click here to register.

Getting the Most Out of Mediation: Tips & Tools for Everyone Interested in the Outcome

Day 1 - Sunday, August 6, 2017

8:45am  Welcome – Robin Caral Shaw, PMI Chair

SESSION 1A: 8:50am - 9:50am     Creative Mediation: Thinking Outside the Box to Overcome Obstacles and Defuse Bombshells     (1 hour general/ethics)

Moderator:      

Thomas E. Glick, Mediator
Center for Conflict Resolution
Miami, FL

Panel:             

Bruce Blitman, Mediator
Cooper City, FL

Rosanne Shore, Mediator
Center for Conflict Resolution
Miami, FL

John Brooks, State Mediator
Office of the Judges of Compensation Claims
Daytona Beach, FL 

There is no “rule” that a mediated settlement agreement must have money exchanged to reach an agreement. Sometimes the facts warrant “thinking outside the box” and be creative.  Using hypotheticals to protect confidentiality, the panel will discuss paths that creative negotiations might take. For example, if the defense is concerned that proceeds would be unwisely spent, then the parties might consider purchasing a pre-paid college fund for a minor of the claimant.  Another example might be settling a case where a claimant needs more sessions with his Psychiatrist and the defense agrees to pre-pay the doctor and put some additional amount in trust to be released upon completion of the course of psychiatric treatment or revert to the employer/carrier if the sessions are not completed.  The panel will also explore ethical considerations, and discuss practical applications and limitations.  Audience participation is welcome.


SESSION 1B: 8:50am - 9:50am     Dealing with Buyer’s Remorse and the Arrival of the Subpoena     (1 hour general/ethics)   


Moderator: 

Hon. Robert Dietz      
State of Florida, Division of Administrative Hearings  
Sebastian, FL           

Panel: 

Hon. Greg Johnsen      
State of Florida, Division of Administrative Hearings        
West Palm Beach, FL

Celia Mendez, Mediator  
Moreland & Mendez, P.A.
Maitland, FL

James Birmingham, Attorney  
Fulmer Leroy & Albee  
Orlando, FL          

Enforcement actions on mediated agreements can result in the mediator being subpoenaed. This program will examine the statutory definition of confidentiality, and the privileges and waivers of privilege that apply when the parties try to use the mediator as a witness to enforce a settlement. We will also review case law on buyer’s remorse that results in a subpoena being served.              

SESSION 2A: 9:55am – 10:55am    The Ethical Challenges of the Dual Role of Mediating and Adjudicating     (1 hour ethics)                              

Moderator: 

Hon. Wilbur Anderson  
State of Florida, Division of Administrative Hearings
Daytona Beach, FL

Panel: 

Hon. Deborah Blevins    
Virginia Workers’ Compensation Commission  
Roanoke, VA

Hon. David Imahara  
State Board of Workers Compensation, Georgia  
Atlanta, GA     

Adjudicators also serve as mediators in some jurisdictions.  A multistate panel of mediator/adjudicators  -- with extensive experience serving in this dual capacity -- will address the unique opportunities and challenges presented by such arrangements.  Ethical and practical considerations will be discussed.  Attendees will learn how to capably and effectively mediate some disputes while adjudicating others.                  

SESSION 2B: 9:55am - 10:55am     Mediation Trivia: Get in the Game!    (1 hour general)

Edward Combs, Jr. 
Morgan & Morgan, P.A.  
Melbourne, FL

Negotiated agreements are found throughout history and all cultures. This program will appeal to the trivia, history and popular culture buff while examining the specific negotiations that lead to the highlighted agreements.

SESSION 3: 11:00am - 12:00pm     PMI Keynote Presentation: “Help Me Understand”         (1 hour general)
    

Monica Wofford (CSP), Master Trainer    
Contagious Companies    
Orlando, FL

In mediation, teamwork gets things done, but few mediators really know how to create, maintain, and support a thriving team. Knowing how to get others to collaborate, communicate, and cooperate is where the best ideas happen and results start to rise.  This conference keynote presentation will emphasize the importance of the mediator clarifying their message and getting mediation participants to better understand each other so that more can be accomplished.

SESSION 4A: 1:30pm - 2:30pm      Desperate Times Call for Desperate Measures: How a Mediator Can Ethically and Effectively Deal With Difficult Situations to Break Through Barriers Which Might Otherwise Result in Impasse!     (1 hour ethics)

Co-Presenters: 

Donna Doyle, Mediator
Mediate First, Inc.
Orlando, FL

Clem Hyland, Mediator  
Mediate First, Inc.  
Orlando, FL

Though many of us do not relish the thought of studying mediator ethics, mediations today present a full menu of ethical challenges even for the most conscientious and ethical mediator.  Mediators often face a situation where these ethical challenges are not answered in the Rules, Statutes or MEAC Opinions.  This program will present an interactive opportunity to address difficult practical scenarios (where there is no quick or easy answer) encountered by mediators in their daily practices.

SESSION 4B: 1:30pm - 2:30pm      Diversity!     (1 hour diversity)

Moderator: 

Eric Hires, Attorney
The Law Office of Eric V. Hires, LLC                                                  
Orlando, FL

Panel: David Dreszer, Mediator    
David J. Dreszer, P.A.  
N. Miami Beach, FL

Carlos Burruezo, Attorney    
Burruezo & Burruezo, PLLC
Orlando, FL  

Mercedes De Los Santos, Mediator    
De Los Santos Mediation Services  
Miami, FL       
 
Diversity is a topic that can be viewed from so many ways it’s often a complete seminar on its own. Initially, diversity training was focused on race, but it now covers everything from racial and religious differences, to socio-economic, educational, and cultural differences.  It covers implicit and explicit biases, and relationships of every kind.  This panel of experts will share true stories, interesting cases, and take questions from the audience.  
               

SESSION 5A: 2:35pm - 4:35pm Domestic Violence, Stalking, and Other Workplace Challenges     (2 hours domestic violence)

Co-Presenters: 

Penny Morey, HR Professional
RemarkABLE HR, Inc.
Boca Raton, FL

Linsey Willis, MPA, SPHR, Consultant and Expert Witness    
L.J. Craig & Associates, Inc.  
Boca Raton, FL  

Elizabeth Bradshaw, M.S. Victim Advocate  
Special Victims Unit, Fort Lauderdale Police Department
Fort Lauderdale, FL

Andrew Scott III    
Scott Roberts and Associates, LLC, Employment Screening and Background Checks    
Lake Worth, FL 

There aren’t too many things that Fortune 500 companies have in common with local mom-and-pop stores, but domestic violence, sexual violence, and stalking can be found in any business.   Join us to learn about positive approaches like safety programs, how these problems have a true financial impact in absences, lateness, illness, accidents, insurance claims, lawsuits, training, and disruptive behavior, and to discuss some of the hard questions and challenges these issues present to management. 


SESSION 5B: 2:35pm -3:35pm     When the Approving Entity Isn’t in the Room     (1 hour general)

Moderator: 

Thomas E. Glick, Mediator
Center for Conflict Resolution
Miami, FL

Panel: 

George Helm, Attorney  
George Helm III, P.A.  
Lake Mary, FL

Geoffrey Hudson, CEO    
Axiom National, LLC  
Tampa, FL

Mike Nebel. Attorney    
Law Offices of Michael E. Nebel, P.A.  
Orlando, FL

There are occasions when the approving entity isn’t in the room regardless of Rule 1.720(b)(1) Florida Statutes that requires “The party or its representative having full authority to settle without consolation…”.   Most often, it arises with a public entity governed  by Chapter 286, Florida Statutes which is deemed to appear if a representative is  physically present with “full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity”. The panel will discuss this topic from the point of view of a mediator, an attorney, and a CEO.  Other topics to be covered include when it’s appropriate to inform the other side that information is being sought from sources outside the room, and how to handle a case with an excess insurance carrier or when there is a high deductible.

SESSION 6: 3:40pm - 4:40pm     What’s the Appeal of Appellate Mediation?     (1 hour appellate)

Moderator:   

Robin Caral Shaw, Mediator  
Law Office of Robin Caral Shaw, P.A.    
Boca  Raton, FL      

Panel: 

Celia Mendez, Mediator  
Moreland & Mendez, P.A.
Maitland, FL            

H. George Kagan, Attorney
MKRS Law
West Palm Beach, FL

Did you know that roughly 50% of appellate cases are resolved in mediation?  Did you know that appellate mediation can occur from the moment judgment is entered by the trial court until the appellate court enters its judgment?  Did you know that the mediator is supposed to read the cases and pleadings – and really get into the strengths and weaknesses of each side’s case?  Everyone who is involved with appeals should attend this session and learn how to prepare for appellate mediation of any kind of case.

SECTION 7: 4:45pm - 5:45pm      Technology and Social Media:  Is Your Practice Slick and Savvy or Slothful and Sluggish?    (1 hour general)

Moderator: 

Christine Harter, Mediator  
Mediation & Dispute Resolution Center  
Ocala, FL

Panel: 

Renee Thompson, Mediator    
Upchurch Watson White & Max  
Ocala, FL

Mellanie Bartlett, Marketing Professional    
Sweeney Bartlett
Maitland, FL

Hop on the social media train ride or you’ll be left behind.  Technology & social media can brand your practice and help you generate new business.  Learn how to optimize the use of on-line calendars, videos, blogs, newsletters, the chamber of commerce and good old fashioned direct mailers to keep past clients and secure new ones.  If you don’t have a website or if you have a static website, you may be losing business.  Learn how and why Google, Linked-In and Twitter can be your best friends if you have great SEO, or learn how they could potentially cost you future business if you have poor citation management and are not aware of AdWords.  Curious?  Come join us on an hour ride through technology & social media.    

Day 2 - Monday, August 7, 2017

SECTION 8A: 8:30am – 10:30am     Conditional Payments and Private Causes of Action     (2 hours general)

Co-Presenters: 

Rafael Gonzalez, Attorney  
Flagship Services Group  
Lithia, FL  

Mark Popolizio, Attorney      
ISO Claims Partners    
Sunny Isles Beach, FL

Don’t get caught unprepared or your wallet cleaned out!  Be aware of Conditional Payments with MSA's and Private Causes of Action. What can happen if you do not consider a third party's interests when you settle your case?  This very experienced panel will address the critical things you, as an attorney, adjuster and mediator, need to know about Conditional Payments Liability, MSA requirements and Private Causes of Action which can potentially expose you to personal liability and double damages. This is a must attend program for all attorneys, mediators and adjusters.

SECTION 8B: 8:30am – 9:30am     Mediating Workplace Issues Other Than Workers’ Compensation     (1 hour general)

Moderator: 

Patricia Sigman, Attorney    
Sigman & Sigman, P.A.    
Altamonte Springs, FL

Panel: 

Cathleen Scott, Mediator
Scott Wagner & Associates, P.A.  
Jupiter, FL

Mark Touby, Attorney  
Touby Chait & Sicking, P.A.  
Miami, FL

Does the Worker's Compensation claimant also have Employment Law claims?  Does the Worker's Compensation carrier insist on a global release and resignation as part of the Workers' Compensation settlement?  How do the claimant's attorney(s), mediator, and employer's attorney(s) address this web of separate but interrelated claims and issues in mediation?  This panel presentation is designed to help practitioners prepare for mediation, navigate the issues, and successfully achieve "global settlement" at mediation.  

SECTION 9: 9:30am – 10:30am     Winning Tactics and Strategies for Adjusters and Attorneys     (1 hour general)

Moderator: 

Stuart Suskin, State Mediator    
Office of Judges of Compensation Claims  
Gainesville, FL

Panel: 

Michelle Mecca, Attorney  
Zurich North America Insurance  
Orlando, FL        

Rick Thompson, Attorney      
Zenith Insurance Company  
Sarasota, FL

Ray Malca, Attorney  
Malca and Jacobs, P.A.  
Miami, FL

This program will focus on common mistakes made by attorneys, adjusters, and corporate decision-makers when attending mediation.  This panel of prominent and experienced attorneys, mediators, and adjusters will address many important winning negotiation styles and strategies to arrive at the best results for the client.  Mediators are trained in negotiation strategies, but few attorneys, adjusters, or corporate decision-makers have similar training.   While learning on the job, they may utilize tactics that can be counter-productive or even disastrous.  This breakout is a must attend for anyone who participates in mediation and wants to obtain the best possible outcome.

10:45am – 11:45am     WCI Keynote Speaker

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