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After almost 20 months of negotiations, Rodney A. Max of Miami and Pamela Reeves of Knoxville, Tenn., have successfully mediated to resolution the dispute between 872 plaintiffs and the Tennessee Valley Authority regarding its 2008 coal-ash spill. The settlement recently was publicly announced as a $27.8 million payment distributed among owners of property in and around TVA's Kingston Fossil Plant. The spill at the plant reportedly dumped 5.4 million cubic yards of ash into the Emory River and surrounding tributaries, according to The Knoxville News-Sentinel. The TVA was sued for alleged damages, and U.S. District Judge Tom Varlan found TVA liable in the spill -- however, issues of causation and damages were left open -- and ordered mediation. At the end of December 2012, he appointed Mr. Max and Ms. Reeves to resolve the outstanding issues.
Florida Dispute Resolution Center 22nd Annual Conference Aug. 14-16
From http://www.flcourts.org/resources-and-services/alternative-dispute-resolution The 22nd Annual Conference for ADR Professionals: "The...
Upchurch Watson White & Max is pleased to announce that Florida mediator Brandon S. Peters will join the firm effective Aug. 1, 2014. Mr. Peters currently operates a successful sole practice, imMEDIATE RESOLUTION LLC, and he intends to offer the same high-level services as dispute resolution counsel for UWWM. He recently described his unique value as a mediator. “I work differently,” he said. “I challenge the status quo to achieve better outcomes. I do that by focusing on the people involved in a mediation conference before I focus on the issues. It is important to know my audience and to know what factors –- emotional or otherwise –- may be driving negotiations. This helps me do my job more effectively.”
Florida Mediator/Arbitrator Howard Marsee
Mediator/arbitrator Howard R. Marsee, who is based in Upchurch Watson White & Max's Maitland/Orlando, Fla., office, began his term of service on The Florida Bar's Standing Committee on Professionalism in early July 2014. "As strange as it seems, I am serving on the Young Lawyers Working Group," Howard said wryly. "This is a sub-committee (not all are young) that creates and presents professionalism education and CLE programs for law students and young lawyers." Howard, who lives in Oviedo, will serve until 2017.
Upchurch Watson White & Max is pleased to announce that mediator Mike Orfinger, a principal with the firm, will become a judge for Florida's Seventh Judicial Circuit in January 2015. His opponent for the seat recently was appointed to replace another judge, leaving Mr. Orfinger unopposed in the upcoming election. Mr. Orfinger will replace retiring Judge R. Michael Hutcheson on the Seventh Circuit. Mike Orfinger's father, the late Melvin Orfinger, was one of the original judges on the Fifth District Court of Appeal, and Mike's brother, Richard Orfinger, is a sitting judge on the same court their father helped to establish.
Florida Mediator Robert A. Cole
Robert A. Cole, a shareholder with Upchurch Watson White & Max who is based in Jacksonville -- but who travels all over Florida to mediate -- made a few personal appearances that were not mediations over the last several weeks. First, Bob participated in a panel with two circuit judges and two other mediators discussing trial issues unique to construction law cases. The Jacksonville Bar Association Construction Law Committee presented the discussion at the end of May.
Florida Mediator Kimberly Sands
Look for the mediation group's mobile-device recharge station -- and check out its panelists in a CLE course titled "Leaning In to the Legal...
Alabama Mediator Brad Wash
Brad Wash, a shareholder with Upchurch Watson White & Max, will speak about avoiding impasse in mediation's early going on Saturday, June 14, at the Alabama Association for Justice's Sun & Stars Annual Convention. His brief talk on the assigned subject of "When the Shells Are Far Apart -- The Nuts Come Out" will highlight best practices for litigators who are shepherding their clients through the mediation process. It is part of ALAJ's new "rapid fire format."
Florida Mediator Robert A. Cole
UWWM shareholder Robert Cole recently spoke for a 50-minute session, labeled "Circuit Civil Ethical Considerations," for the seventh annual N.E....
"Mediation is an important part of the process because it provides the structure often needed for each side to sit down and meaningfully discuss...