Thanks, Tom Herzog for your service, commitment, and dedication as a COURT MEDIATOR. You have given your time and energy to provide professional mediation services to the COURT and the CITIZENS of the 2nd Judicial Circuit serving Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla Counties. December 2013
Recognition of Service Presented by: Alternative Dispute Resolution 2nd Judicial Circuit Tallahassee, Florida
2013 has been a busy year for Herzog Mediation especially the past six months, with the expansion of all services into the Jacksonville, Florida area. If you visit HerzogMediation.com you will notice several improvements to our website. I would also like to announce my availability to conduct Arbitrations as part of a panel and I am now approved to mediate in the United States Bankruptcy Court (Middle District of Florida) foreclosure mediation.
I would like to thank Dana Brooks of the firm Eubanks, Barrett, Fasig, & Brooks for the opportunity to appear as a guest on WCTV LawCall™ on Sunday October 27th, 2013.
WCTV LawCall is a live, thirty-minute call-in show with long-time newscaster Frank Ranicky as the anchor of the program. The topic for the night was mediation and it gave me an opportunity to answer some questions and let people know about the benefit of mediation.
After a lawsuit is filed and before trial cases are frequently referred to mediation the parties in the lawsuit must select a person to mediate the case. To choose the best mediator for a specific case may not be an easy process. There are hundreds of alternative dispute resolution providers available, as well as ideas about who is “qualified” to be the negotiator in a particular case.
If someone were to ask what makes a certain individual the “Best Mediator” the answer would be difficult to give. Florida Rules for Certified & Court-Appointed Mediators state a mediator shall not make claims of achieving specific outcomes or promises implying favoritism for the purposes of obtaining business (Rule 10.610(e). Additionally mediators are prohibited from engaging in marketing practices that contain false or misleading information.
In truth anyone can be a mediator, or someone who facilitates a successful negotiation to a conflict. In fact, the best mediators are not necessarily attorneys or non-attorneys. Effective mediators come from various professional and educational backgrounds, and use their unique knowledge base with their mediation skills and apply them to a variety of conflicts to facilitate a resolution that works for everyone involved.
Studies have found that the most successful mediations are not related to the professional background of the mediator. Instead the research has found that the success of the dispute resolution process is related to non-profession based characteristics of the mediator working with the parties.
These characteristics are confidence-building attributes & process skills.
The “confidence building attributes” of the mediator include being well prepared, understanding the issues, and knowing the relevant law. The “process skills” of the negotiator include those of patience, persistence, listening, diplomacy, and creativity. Researchers found that a professional who proposes solutions while being firm and candid with the participants facilitated successful mediations.
All Florida mediators are required to maintain their certifications and a requirement of this is Continuing Mediator Education (CME). Sixteen hours every two years is the minimum requirement, however some mediators have many times this amount.
When looking for mediators remember plaintiff and defendant must agree on the person selected. Considerations should include that the perspective mediator is a member of a professional association, does he or she allow mentoring of new mediators, accepting pro bono cases, credentialing by other organizations, fees simple and straight forward. In other words – the most successful mediation results from those in dispute choosing a knowledgeable person who both parties can trust to assist them in finding resolution to the issue.
Where does decision making of the parties and the degree of formality in Mediation or Arbitration fit in the dispute resolution process? Adapted from Christopher M. Shulman, P.A. “Florida Court Appointed Arbitrator Training” See the chart below…
Attended Florida Dispute Resolution Center 21st Annual Conference in Orlando from August 8 thru 10, 2013. Completed Florida Court Appointed Arbitrator Training and am now qualified as a Florida Supreme Court qualified Arbitrator. Additional sessions on Bankruptcy Mediation, HOA Disputes, as well as general subjects required for re-certification.