GeTTiNG PAiD fOR MeDiATiON : A feW STRATeGieS TO MAxiMize COLLeCTiON
Mediation & Arbitration Section
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for their client if they haven ’ t already agreed to advance client costs otherwise . Indeed , I don ’ t use an engagement letter as such , for one-off transactions like mediations ; I only use them for private arbitrations .
3
I only ever require deposits for arbitrations , where such deposits are common . Even then , I only require deposits when the parties are asking me to hold more than one day for hearings
and / or if they have been slow to pay interim bills ( for arbitration processes spanning months ).
3
While I have not done so , I am aware of two Florida lawyers who have requested informal opinions from The Florida Bar ; in both instances the attorneys were told they did not need to place these funds in their attorney trust accounts . But , feel free to consult with the Bar yourself .
4
Remember that , per Fla . R . Med ., you cannot charge a credit card fee or
the like for that method of payment ( a ) above the actual cost you bear or ( b ) unless you have disclosed , in writing and in advance of the mediation , that you will charge such a fee .
Author : Christopher M . Shulman – Shulman ADR Law , PA
Mediation & Arbitration Section Hosts ADR Panel Discussion
On January 17 , the Mediation & Arbitration Section hosted an insightful judicial panel on Alternative Dispute Resolution ( ADR ). The panelists , Judge Jennifer Gabbard , Judge Paul Huey , Judge Anne Leigh Moe , and Judge Christopher Nash of the Thirteenth Judicial Circuit Court and moderator Harold Oehler of Oehler Mediation , discussed a variety of topics , including opportunities to adopt early mediation to eliminate cases that are not discovery intensive ; what types of cases are ripe for early resolution ; do the panelists order virtual or live mediations or leave it to the parties ; how conflicts are handled when parties disagree on virtual vs . live mediation ; and mediated settlement agreements . We thank the panelists for speaking to the Section members .
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