Solely Focused on Dispute Resolution: Florida, Alabama and Nationwide
Florida Mediation -- Alabama Mediation -- Business Mediation -- Since 1988
Upchurch Watson White & Max is a Florida- and Alabama-based professional association of mediators. Our team of conflict resolution specialists practice in a wide range of alternative dispute resolution disciplines. Specific areas of practice include business mediation, corporate mediation, commercial mediation, arbitration and more. We also offer niche services such as multi-party, complex, malpractice and class action mediation. Please explore our site to learn more about our mediators in Florida and Alabama and the mediation services we offer.
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For current news of interest to our clients, colleagues and visitors, commentaries on timely issues and activities of the firm and panel members.
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This Webinar, which was presented on March 26, 2015, explores some of the advantages of retaining a full-time professional neutral to mediate disputes. Lawyers will learn the role of subject matter expertise, mediation style and mediation philosophy in the selection of a mediator. Speakers Brandon S. Peters and A. Michelle Jernigan will acquaint lawyers with conflicts of interest that are uniquely encountered when part-time mediators serve as mediators one day and as legal practitioners the next. They will identify specific conflict of interest rules for mediators under the Florida Rules for Certified and Court-Appointed Mediators and specific conflict of interest rules for lawyers under the Rules of Professional Conduct.
Part 2: In its analysis, the Court concluded that there was no showing or finding that without the prospect of a multiplier to an otherwise reasonable fee award, the Plaintiffs would have had difficulty finding competent counsel. The court held that there should be evidence in the record and findings of the court that without risk-enhancement the plaintiff would have faced substantial difficulties in finding counsel in the local or other relevant market. If there is no evidence that the relevant market required a contingency fee multiplier to obtain competent counsel, then a multiplier should not be awarded. “Simply put, there was no evidence that the Tampa Bay legal market could not provide competent counsel for the [Plaintiffs’] case at the prevailing hourly rates. Certainly, most (all?) attorneys would prefer to collect twice their market rate at the conclusion of a successful contingency fee case, a point that perhaps needed no expert testimony to illuminate. It does not follow, though, that that preference would create a dearth of competent lawyers who would have taken this case at the prevailing rate. On that critical point, this record is silent.”Continue Reading
More Blog Posts
- Part 1: Trial May Be a Rarity, but Trial Lawyers Are Not
- Proposals for Settlement: Their Role, Sanctions, and Whether Time to Decide Can Be Enlarged by Court
- Ricardo Cata Moderates, Chairs Program Discussing Mediation Method for Resolving U.S.-Cuba Disputes
- Harvard Professor Addresses ABA Dispute Resolution Section's Conference
Items of Interest
UWWM Shareholder Robert A. “Bob” Cole recently attended the 2016 Section Leadership Conference, presented by The Florida Bar in Tallahassee. Bob is chair elect of The Bar’s Alternative Dispute Resolution Section and a member of its Executive Council, the decision-making body of the section. “UWWM is well represented on the council,” Bob said. Mediator Ricardo Cata was asked to join in June and will be legislative chair in 2019; Shareholder A. Michelle Jernigan is the section’s treasurer and editor of its newsletter; and Mediator/Arbitrator Lawrence Kolin also serves on the council.Continue Reading
More Items of Interest
- Mediator Bob Cole Joins in Recognizing Achievements of NE Florida Big Brothers Big Sisters Program
- Arbitrator A. Michelle Jernigan Speaks on Agreements, Fears for Orange County Bar Association
- Mediator Renée Thompson: From The Florida Bar Young Lawyers Division Interview Series 'Balancing in Heels'
- UWWM Adds Thought Leadership to June 2 CME Seminar in Jacksonville
UWWM Press Room
Mediator Albert Tetrault Attends Lawyer-Pilots Bar Association Convention on Behalf of Upchurch Watson White & Max
Albert R. Tetrault, the newest addition to Upchurch Watson White & Max’s panel of dispute resolution specialists, is attending the Lawyer-Pilots Bar Association Summer Convention in Austin, Texas, this week on behalf of the Florida- and Alabama-based mediation group. “We are excited about bringing Al’s broad experience and expertise to the firm for the benefit of our clientele in the aviation arena,” said John J. Upchurch, founding principal and CEO of UWWM. Mr. Tetrault, a resident of Palm Coast, Fla., and several of the group’s other mediators will join forces to firmly establish its aviation practice area and develop a deep reservoir of knowledge about mediating aviation and related matters. These efforts formally begin with the convention, whose continuing legal education program runs through Saturday and includes programs such as “Aviation Claims – A Different Focus” and “Grant Assurance Contract Compliance for General Aviation Airports” presented by attorney-experts from throughout the U.S.Continue Reading