General Credit Hours:2
CDs/DVDs may not ship until 4-6 weeks after the original program date below.
In order to improve the mediation process for their clients, The Florida Bar Trial Lawyers and Alternative Dispute Resolution sections are collaborating to co-host the Litigator-Mediator Forum, a two-part CLE presentation that will provide Florida trial lawyers and mediators a long-needed platform to discuss how to make mediation more effective and efficient. The purpose of the forum is not only to provide continuing legal education to trial lawyers and mediators on ethical rules and mediation advocacy skills but also to exchange ideas for improving the mediation process in all areas of the law. Mediation has never been a more critical and timely topic in Florida due to the 1.5 million-case backlog created by the pandemic which is challenging our courts and delaying access to justice for Florida litigants. As more than 95% of cases are now settled before trial, and most cases are settled at mediation, effective mediation advocacy, and negotiating skills are essential to achieving justice for the mutual clients of trial lawyers and mediators. This topic is also timely because the Florida Supreme Court is presently considering several significant changes to the ethical rules governing mediation and these rule changes will be discussed during the forum.
The six-member panel of trial lawyers and mediators, with guidance from the Chief of the Alternative Dispute Resolution Center, will discuss controversial mediation topics, ethical challenges faced by trial lawyers and mediators, the proposed changes to ethical rules governing mediation and proposals for improving the mediation process. Each topic will include an analysis of the relevant ethical rules. The topics may include:
• What are the proposed changes to the ethical rules governing mediation and how will they affect the
role of the mediator and trial lawyer?
• How much pressure is too much pressure and what are the ethical boundaries for breaking an
• Should Opening Statements be waived?
• May a mediator testify about the breach of an oral settlement agreement, or other improprieties,
which allegedly occurred during a mediation?
• What are the best ways to promote inclusion in the ADR profession?
• Do attorney caucuses and mediator’s proposals violate a party’s right of self-determination?
• What are the qualities of a great mediator and an effective mediation advocate?
• What can trial lawyers and mediators do to improve the mediation process for their mutual clients?
Original Program Date: September 1, 2022
CLE Credit Expiration Date: February 28, 2024
Panel Discussion Between Trial Lawyers and Mediators
Harold Oehler, Esq.
Mark McLaughlin, Esq.
Geddes D. Anderson
Shirin M. Vesely
Former Chief Judge Frederick Lauten
Thomas A. "Tad" David
General Credit Hours:2
Professional Responsibility Credit Hours:1
Ethics Credit Hours:1