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Meet Our Mediators: Don Weidner "As we will present our newest panelists first, we begin with Florida State College of Law Dean Emeritus Donald J. “Don” Weidner. Dean Weidner, after a distinguished career in academia and educational leadership joined our team in August. Don has to... Read More

Part 2: The Wrong for Which There Is No Legal Remedy
Part 2: The Wrong for Which There Is No Legal Remedy A plaintiff in an institutional child sexual assault case had argued that his claims were timely under the doctrine of equitable estoppel. In rejecting this argument the court reasoned that, in order to find that the defendant was equitably estopped ... Read More

The Wrong for Which There Is No Legal Remedy
The Wrong for Which There Is No Legal Remedy Numerous courts around the country have applied the delayed discovery doctrine to cases alleging childhood sexual abuse where the emotional response resulting from childhood molestation, “often coupled with authoritative adult demands and threats for... Read More

Part 2: Trial May Be a Rarity, but Trial Lawyers Are Not
Part 2: Trial May Be a Rarity, but Trial Lawyers Are Not 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 ... Read More

Part 1: Trial May Be a Rarity, but Trial Lawyers Are Not
Part 1: Trial May Be a Rarity, but Trial Lawyers Are Not As noted by the Court, the facts of the case are pretty straightforward. The insured homeowners suffered a loss when a refrigerator water line broke and caused some flooding inside their house. They sought coverage from their insurer under their prop... Read More

Proposals for Settlement: Their Role, Sanctions, and Whether Time to Decide Can Be Enlarged by Court
Proposals for Settlement: Their Role, Sanctions, and Whether Time to Decide Can Be Enlarged by Court Every now and then some of your failures come back to humble you. Little did I know that after 15 years mediating cases, my 25 years as a civil litigator would result in a conflict case that may go to the Supreme Court of Florida. That may happen in... Read More

Ricardo Cata Moderates, Chairs Program Discussing Mediation Method for Resolving U.S.-Cuba Disputes
Ricardo Cata Moderates, Chairs Program Discussing Mediation Method for Resolving U.S.-Cuba Disputes On Wednesday, April 13, 2016, I chaired and moderated a program at the ABA's International Section's Spring Meeting in New York City, presented by the Mediation Committee of the International Section, titled: "The Role of Mediation in Resolving the U... Read More

Harvard Professor Addresses ABA Dispute Resolution Section's Conference
Harvard Professor Addresses ABA Dispute Resolution Section's Conference Friday, at our ABA DR Section Spring Conference in New York City, attendees heard from Francesca Gino of the Harvard Business School. Professor Gino spoke on the science of making better decisions, and her talk highlighted the importance of being awa... Read More

ABA Dispute Resolution Section Welcomes U.N. Official and Kicks off Spring Conference With Learning
ABA Dispute Resolution Section Welcomes U.N. Official and Kicks off Spring Conference With Learning This morning, attendees of the American Bar Association Section of Dispute Resolution's 18th Annual Spring Conference in NYC heard from Johnston Barkat, assistant secretary-general of the United Nations. Sharing insights from around the world, he spo... Read More

Dismissal Without Reserving Enforcement Rights May Limit Parties’ Recourse Under Rule 1.730
Dismissal Without Reserving Enforcement Rights May Limit Parties’ Recourse Under Rule 1.730 In a case that just keeps coming back, like a nightmare or a bad penny -- depending on your perspective -- the Fourth District Court recently weighed in on two “settlement” related subjects that happen every day throughout Florida and elsewhere, with... Read More

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