Mediation, One of the Answers to Conflict and Disruption!

By: Lawrence Gordon
Published: October 2021 

It has been more than a decade since I decided to become a Florida Supreme Court Certified Circuit Civil Mediator. I was smitten by the Mediation process in the 1980s while attending mediations and negotiating on behalf of several insurance carriers. Mediation was relatively new and rarely used in settling injury claims at that time. I knew right away that I wanted to be a Certified Mediator and own a mediation practice. I was blessed to start Phoenix Mediation in 2018.

I have been a member of the Palm Beach County Bar Association for several years. I am honored to serve on the Alternative Dispute Resolution (ADR) Committee. Even though I have published several articles in the Palm Beach County Bar Association Bulletin, this one is different and special. The ADR Committee invited me to write this article in honor of “Mediation Week,” October 18-22, 2021. I want to thank them all for the confidence that they have shown in me. I would like to especially thank Ted Deckert for encouraging me to step forward in his stead as he has historically written the “Bulletin ” article for Mediation Week.

Mediation Week is recognized by both the American Bar Association and the Florida Bar Association. In the past, the American Bar Association has emphasized such Mediation Week themes as Mediation, Civil Discourse, and The Importance of Selecting Diverse Neutrals. This year’s theme is Mapping the Future So Conflict Doesn’t Disrupt. Additionally, the Association for Conflict Resolution (ACR) has declared October 21, 2021, as “Conflict Resolution Day.”

This year’s theme seems very appropriate as we appear to have become a tribal society. Red versus Blue, liberals versus conservatives, 

White versus Black and on and on. How do we address these issues and conflicts to avoid them disrupting the future of this great nation? Mediative-type activities may very well be our best path to cooperation, communication, and positive future societal growth. Our best route to a society where diversity, equality, and inclusion become our reality and not just a nice-sounding phrase that’s often spouted while little to nothing changes. A world in which we hear and listen to each other, a society where we accept each other’s points of view even if we can’t agree. Mediative-type activities can create a world where we depersonalize and depressurize situations by focusing on issues, rather than people. One where we do our homework before making asinine ignorant statements, where we keep open minds, care about others, and empathize with our neighbors. We should take time to educate ourselves about our neighbors and remove ourselves from negative situations which have shaped much of our past. Mediation-type activities can certainly help us structure things in a way that lessens conflicts and disruption. We can make a difference.

Once again, our ADR Committee will be doing its part to make Mediation Week a success. We will again ask the Palm Beach County Commission, the Palm Beach County School Board, and various cities throughout Palm Beach County to issue proclamations officially declaring October 18-22, 2021, Mediation Week in their respective municipalities. As a six-term elected official and Vice Mayor in the Town of Haverhill, I previously spearheaded our proclamation process and will continue to do so this year. The Palm Beach County Bar Association President, the ADR Committee chair, and ADR committee members will appear before various commissions to accept proclamations and speak on the importance of Mediation Week and civil discourse.

As usual, the ADR Committee will present its annual lunchtime seminar during Mediation Week. Visit the Palm Beach County Bar Association’s website for details: https://www.palmbeachbar.org/.    

Please also watch for details about our signature event, the 19th ANNUAL ADR SEMINAR coming February 2022.


The ADR Committee will continue to offer speakers to civic groups and other professional organizations to discuss mediation and alternate dispute resolution in general. Any group wishing to invite an ADR speaker should contact the ADR Committee Chair: Kenyetta Alexander: [email protected]. We also invite you to visit the ADR Committee webpage at http://www.palmbeachbar.org/adr for previously published articles and other information on mediation and alternate dispute resolution.

Lawrence Gordon is President of Phoenix Mediation, LLC. He is a Florida Supreme Court Certified Circuit Civil Mediator and a Florida Supreme Court Qualified Arbitrator. He’s a member of the Florida Academy of Professional Mediators and serves on the Florida Bar Board of Governors Advisory Committee. Mr. Gordon’s email address is [email protected].

FIFTEENTH JUDICIAL CIRCUIT OPEN POSITION – SUPERVISING TRIAL COURT STAFF ATTORNEY

STATE-FUNDED POSITION
POSITION TITLE: Supervising Trial Court Staff Attorney
STARTING SALARY: $64,382.28/annually
DEPARTMENT: Court Administration
PAY GRADE: 52
POSITION NUMBERS: 22008962

SUMMARY:

The Fifteenth Judicial Circuit seeks a Supervising Senior Trial Court Staff Attorney (Supervisor). This position is based in downtown West Palm Beach, but may require travel to the North and South County branches. The Supervisor will manage other staff attorneys while also conducting legal research and writing. This is demanding, professional, and highly responsible work.

Supervision duties include training, assigning and evaluating work, counseling, and ensuring that deadlines as assigned are met. Must ensure quality work product from staff. Provides guidance to the attorneys, as needed, in researching, interpreting, and applying legal principles of the most complex nature within the assigned work area. Reviews, edits, analyzes, discusses, and provides final approval for written work of attorneys on a regular basis and as needed. Monitors workflow to identify and address potential workload issues and to ensure performance goals are met. Supervisor monitors and reports on the status of the department’s backlogged cases and identifies solutions to address backlog and workload issues. Will be responsible for various reports concerning department statistics and other records. Works independently, as well as cooperatively in a team environment. Complete multiple tasks and meet deadlines.

Legal research and writing duties include reviewing case files, researching the law, preparing memoranda and proposed orders in a variety of legal areas brought before the trial court. Supervisor provides legal advice to Judges, General Counsel, and others as may be required.

The State of Florida provides excellent benefits at a low cost including:

 Medical benefits (HMO/PPO) at a cost of $50.00 single coverage; $180.00 for family coverage
 Life Insurance provided by the State of Florida
 Optional coverage including dental and vision care, disability coverage
 Florida Retirement Plan options
 Vacation and Sick Leave accruals
 13 Court paid holidays

MINIMUM QUALIFICATIONS:
Graduation from an accredited law school with excellent academic standing and five years experience in the practice of law or as a law clerk in an appellate or trial court Managerial, administrative, or supervisory experience preferred. Law Review, journal, or significant law school writing and editing experience preferred. Membership in the Florida Bar; Exceptional writing skills; Well-rounded understanding of many areas of law, court procedures, court systems, and judicial rules.

COVID-19 PRECAUTION(S):
 Use of court-issued personal protective equipment required
 Temperature screenings
 Social distancing guidelines in place
 Sanitizing, disinfecting, or cleaning procedures in place

HOW TO APPLY:
Interested parties should electronically submit an application package consisting of a:
 Cover letter
 Resume
 College and law school transcripts (official or unofficial)
 Writing sample not to exceed ten (10) pages
 State of Florida Application available at: https://www.15thcircuit.com/sites/default/files/files/jobDocuments/StateOfFloridaApplication.pdf

The application package must be submitted to: Chief of Personnel, Tammy Anton, at [email protected].

NOTICE:
Incomplete applications will not be considered. Applications will continue to be received until filled. Submission of an application does not guarantee the applicant an interview. Applicants will be subject to a criminal background check. We are an Equal Opportunity Employer. We do not discriminate against any of the protected classes.

If you are a person with a disability who needs any accommodation in order to participate in the interviewing process once selected, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Tammy Anton, Americans with Disabilities Act Coordinator, Palm Beach County Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401; telephone number (561) 355-4380 at least 7 days before your scheduled either in-person or telephonic interview; if you are hearing or voice impaired, call “711.”

ADMINISTRATIVE ORDER NO. 11.108-09/21* IN RE: DUTY JUDGE/EMERGENCIES

The prompt and efficient administration of justice requires a judge to be available in chambers during work hours and on-call after work hours to handle emergency matters. Advances in technology have made it so any judge may serve as duty judge regardless of the judge’s assigned courthouse. Accordingly, effective 12:01 a.m. on January 3, 2022, the following policies and procedures will govern duty judge coverage.

NOW, THEREFORE, pursuant to the authority conferred by Florida Rule of General Practice and Judicial Administration 2.215, it is ORDERED:

DEFINITION OF “EMERGENCY”

1. By separate administrative order, the chief judge shall promulgate an annual duty roster so that a judge, commonly referred to as the “duty judge,” shall be available at all times to handle applications for search warrants, pen registers, petitions for ex parte injunctive relief to prevent domestic violence, and other emergency matters. In this context, the term “emergency” encompasses ex parte applications and other matters of extreme urgency, i.e., matters of life and death, or instances of irreparable harm. Not included in this definition are matters of extreme urgency in cases which have been assigned to a trial division if the assigned trial judge or his or her alternate is present in the courthouse.

HOURS

2. The duty judge shall be available from 8:30 a.m. to 5:00 p.m. each work day at their assigned courthouse. Before leaving the courthouse each work day, the duty judge shall call the domestic violence clerk at extension 3-4506 to determine whether they are processing any last-minute petitions and, if so, the duty judge must remain at the courthouse until the petition is completed, reviewed and acted upon by the duty judge. On holidays and weekends, the duty judge shall be available from 9:00 a.m. until approximately noon at the Criminal Justice Complex on Gun Club Road in West Palm Beach. After-hours coverage shall be initiated through cell phone and/or email contact.

RESPONSIBILITIES

3. Whether a judge should clear his or her calendar to be available to handle the duty judge’s responsibilities is a matter left to the discretion of each judge. If a judge maintains a normal or reduced workload during the duty judge assignment period, that judge is obligated to stop what he or she is doing to accommodate duty judge responsibilities.

4. FIRST APPEARANCES – HOLIDAYS & WEEKENDS The duty judge shall preside at holiday and weekend first appearance hearings which shall commence at 9:00 a.m. at the Criminal Justice Complex on Gun Club Road in West Palm Beach. Petitions for Risk Protection Order filed pursuant to Administrative Order 6.312(5) will also be heard by the duty judge at first appearance.

5. COURT HOLIDAYS WHEN THE CLERK’S OFFICE IS OPEN: In the event the Court is observing a holiday on a day that the Clerk’s Office is open to the public, the following coverage shall apply between the hours of 8 am and 4pm.
a. Baker and Marchman Act Petitions shall be covered by the Administrative Magistrate or his/her designee.
b. Eviction related matters, domestic violence petitions, and guardianship and probate emergency matters (including Risk Protection Orders) shall be covered by the divisional judge assigned to the case or his/her designee.
c. Any other emergency matter not referenced above shall be referred to the duty judge.

All magistrates and judges assigned to coverage under this section shall contact the Clerk’s Chief Operating Officer – Courts and Official Records no later than the close of business on the last business day before the court holiday to advise how they wish to be reached on the court holiday (e.g. via email, cell phone contact, etc.).
Any emergency filed after 4pm shall be referred to the duty judge.

6. EXTENSION HEARINGS – Extension hearings shall be scheduled before the Family Division Judge to which the case is assigned.

TRANSFER OF RESPONSIBILITY AND EQUIPMENT

7. The transfer of responsibility from one duty judge to the next shall occur at 8:30 a.m. on Monday of each week, including those weeks in which Monday is a holiday. A cellular phone shall be provided to the duty judge. A binder containing relevant statutes, rules and case law shall be provided to the duty judge. This material will also be available to the duty judge on the court’s computer system. The equipment and information shall be transferred from one duty judge to the next at the beginning of the duty assignment.

OPERATING PRINCIPLES

8. Every judge in the circuit shall be assigned to preside at weekend and holiday first appearance hearings. All County Court Judges are hereby temporarily assigned to serve as Circuit Judges while functioning as a duty judge and they are vested with all and singular the powers and prerogatives conferred by the Constitution and Laws of the State of Florida upon a Circuit Court Judge.

9. Duty judge assignments shall rotate in alphabetical order except that no judge should be required to serve more than one holiday weekend in a calendar year, in which case the Chief Judge may alter the schedule as necessary to ensure fairness and equity.

10. Alterations or substitutions in the published annual duty judge roster must be done in writing with a copy sent to Court Administration.

DONE and SIGNED in Chambers at West Palm Beach, Palm Beach County, Florida, this 20th day of September, 2021.
_____________________________
Glenn D. Kelley
Chief Judge
*supersedes admin. order 11.108-09/08 as of 12:01 a.m. on January 3, 2022. Administrative Order 11.108-09/08 remains in effect until then.

2022 JUDICIAL NOMINATING COMMISSION NOMINATIONS TO BE MADE

Judicial Nominating Commissions: Two lawyer vacancies for each of the 26 JNCs. The Florida Bar has the opportunity to nominate six lawyers for each Judicial Nominating Commission to Gov. Ron DeSantis for his appointment. Each appointee will serve a four-year term, commencing July 1, 2022. Applicants must be members of The Florida Bar engaged in the practice of law and a resident of the territorial jurisdiction served by the commission to which the member is applying. Commissioners are not eligible for state judicial office for vacancies filled by the JNC on which they sit for 2 years following completion of their term.

Applications must be submitted no later than 5:30 p.m., Monday, January 3, 2022. Resumes will not be accepted in lieu of an application. Screening committees of the Board of Governors will review all JNC applications. The Executive Committee will then make recommendations to the Board of Governors.

Persons interested in applying for any of these vacancies may click here to begin the application process and download the new application form. If you require assistance, please call Bar headquarters at (850) 561-5757 or email [email protected]. Completed applications must be submitted by the January 3rd deadline date.

About The Florida Bar

Founded in 1949, The Florida Bar serves the legal profession for the protection and benefit of both the public and all Florida lawyers. As one of the nation’s largest mandatory bars, The Florida Bar fosters and upholds a high standard of integrity and competence within Florida’s legal profession as an official arm of the Florida Supreme Court. To learn more, visit FloridaBar.org.

FIFTEENTH JUDICIAL CIRCUIT OPEN POSITION – GENERAL COUNSEL

POSITION TITLE: General Counsel
STARTING SALARY: $85,915.14 annually
DEPARTMENT: Court Administration
PAY GRADE: 37
POSITION NUMBER: 22010996

SUMMARY:
The Fifteenth Judicial Circuit is seeking a highly qualified attorney to serve as legal advocate and counsel for the interest of the Circuit. The incumbent will be responsible for law clerk supervision; formulating and implementing policies to comply with statutory and rule requirements; overseeing services and programs; responding to and managing public records requests and records retention inquires; drafting legal orders and Administrative orders; performing administrative functions, including reporting; and acting as legal counsel to the Chief Judge, Trial Court Administrator and on behalf of the Circuit. The position formulates long-range goals for the organization based upon legal requirements; develops policy and position papers. The General Counsel reports to the Trial Court Administrator.

The Fifteenth Judicial Circuit’s General Counsel’s office is headquartered in the Main Courthouse, West Palm Beach, Florida. Occasional travel to the other Circuit courthouses is required. The position is a State Courts employee and as such is eligible for:
 Significant cost-sharing on State of Florida medical benefits;
 A wide range of State benefits, including, but not limited to life insurance, dental and vision care, disability insurance;
 Health Savings Account and Flexible Spending Account options;
 State of Florida Retirement System and Deferred Compensation Options;
 Vacation and Sick Leave and;
 Thirteen paid court holidays;

MINIMUM QUALIFICATIONS:
Juris doctorate degree. Must possess seven (7) years of related experience, including extensive knowledge of Florida State Court Systems Operations, including at least two years of managerial, administrative, or supervisory experience.

ESSENTIAL DUTIES: (the omission of specific statements of the duties does not exclude them from the classification if the work is similar, related or a logical assignment for this classification): Provide legal advice and counsel to the Chief Judge and Trial Court Administrator on a wide range of legal issues affecting the circuit; and judges; directs or conducts legal research and writes or reviews analyses regarding duties and obligations of the Court. Supervises staff. Provides legal assistance in the interpretation and implementation of new legislation; develops, reviews, and evaluates operational policies and procedures. Assists the Chief Judge and Trial Court Administrator with planning, development, communication and implementation of the Court’s orders, rules and policies. Develops and implements legal strategies and policies to ensure the circuit’s judicial and administrative decisions and actions are based on sound legal and ethical principles. Prepares, negotiates and reviews contracts, ordinances, resolution, administrative orders, and other legal instruments for the circuit; renders opinions relative to substance, form and propriety of documents; reviews legally sensitive correspondence. Serves as liaison between the circuit and other governmental and private entities to maximize legal resources; represents or monitors representation of circuit in legal proceedings to prevent or minimize liability. Collaborates on preparation and coordination of public information for release; edits material designed for internal and external communication to ensure credibility understanding and readability, and to approve format, style, content, grammar and composition. Oversees administrative matters such as conducting legally sensitive investigations, preparing routine or special reports, preparing periodic employee performance evaluations, or assisting in preparation of training programs for judiciary and staff.

KNOWLEDGE SKILLS AND ABILITIES:
Knowledgeable in legal principles and practices, including civil, criminal, constitutional, contract, employment, administrative and business law and procedures. Knowledgeable in pertinent federal, state, and local laws, regulations and court decisions relating to the judiciary. Knowledgeable in methods of legal research. Ability to interpret local, state and federal laws, policies and procedures. Organize information and material into manageable form; apply data collected to resolve problems. Able to prepare and present effective written and oral reports, recommendations, judicial policies and procedures. Be committed to meeting the needs of the circuit promptly and effectively; adaptable and manage competing priorities successfully; demonstrated ability to engage in disciplined, thoughtful and creative legal analysis; maintain composure when faced with difficult and stressful person and/or situations. Ability to interact respectfully with others in the workplace.

COVID-19 PRECAUTION(S):
 Use of court-issued personal protective equipment required
 Temperature screenings
 Social distancing guidelines in place
 Sanitizing, disinfecting, or cleaning procedures in place

HOW TO APPLY:
Interested parties should electronically send the completed application package to: Tammy Anton at [email protected]
Each completed package shall include the following:
 Cover Letter
 Resume
 Legal writing sample that does not exceed seven (7) pages
 State of Florida application form, available at the following link:
www.floridasupremecourt.org/employment/application_writeable.pdf

NOTICE:
Incomplete applications will not be considered. Applications must be received by 5 p.m. on Monday, September 27. Submission of an application does not guarantee the applicant an interview. Applicants will be subject to a criminal background check. We are an Equal Opportunity Employer. We do not discriminate on any of the protected classes.

If you are a person with a disability who needs any accommodation in order to participate in the interviewing process once selected, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Tammy Anton, Americans with Disabilities Act Coordinator, Palm Beach County Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401; telephone number (561) 355-4380 at least 7 days before your scheduled either in-person or telephonic interview; if you are hearing or voice impaired, call “711.”

ADMINISTRATIVE ORDER 12.504 – 09/21* IN RE: COUNTY CANVASSING BOARD

Section 102.141(1), Florida Statutes (2021), specifies that a county court judge shall chair the county canvassing board. The statute also specifies that the chief judge of the judicial circuit in which the county is located shall appoint a county court judge as an alternate member of the county canvassing board and shall also appoint substitute members of the board in certain circumstances.

NOW, THEREFORE, pursuant to the authority conferred by Florida Rule of General Practice and Judicial Administration 2.215, it is ORDERED as follows:

1. The Honorable Leonard Hanser, a County Court Judge in and for Palm Beach County, is appointed to serve as a member of the Palm Beach County Canvassing Board and shall chair the Palm Beach County Canvassing Board.

2. The Honorable Sara Alijewicz, a County Court Judge in and for Palm Beach County, is appointed to serve as an alternate member of the Palm Beach County Canvassing Board pursuant to section 102.141(1)(e)1.

DONE AND SIGNED, in Chambers, in West Palm Beach, Palm Beach County, Florida, this 9th day of September, 2021.
___________________________________
Glenn D. Kelley, Chief Judge
cc: Judge Sara Alijewicz
Judge Leonard Hanser
Wendy Link, Supervisor of Elections
*supersedes administrative order 12.501-08/20