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Mindful Mediation: Setting the Stage for Success

To avoid an impasse, the use and utility of a pre-mediation conference with counsel should not be underestimated. Under the active theory of dispute resolution, the mediator should have the requisite tools he or she needs prior to the mediation to facilitate the autonomy of the parties.

7 Upchurch Watson White & Max Mediators Recognized by Florida Super Lawyers

ORMOND BEACH, Fla. (June 26, 2025) – Upchurch Watson White & Max Mediation Group is proud to announce that seven of its accomplished neutrals have been selected for inclusion in the 2025 edition of Florida Super Lawyers®, reaffirming the firm’s reputation as a leader in Alternative Dispute Resolution (ADR).

Upchurch Watson White & Max Mediators on PMI Panel

Three Upchurch Watson White & Max mediators will speak at Mediation Institute 2016 in Orlando on Sunday, Aug. 21. They are panelists for a session titled “How Do You Deal With This? Ethical Dilemmas and Practical Quandaries During Mediation.” The theme for the two-day conference, the premiere event of the Professional Mediation Institute, is “Getting the Most out of Mediation: Tips and Tools for Everyone Who Attends Mediation.” The Institute is focused on educating mediators, with emphasis on evaluative mediation techniques.

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.

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 Ochoa v Koppel, 41 Fla. Law Weekly D1196 (Fla. 2nd DCA May 20, 2016), wherein the 4th District Court concluded that the trial court erred in finding the plaintiff timely accepted a proposal for settlement where it was not accepted in the 30-day period; the Court ruled that a Rule 1.090 motion to enlarge time did not toll the acceptance period set forth in Rule 1.442. The Court certified its opinion in conflict with a 5th District Court decision in a case I handled from trial through multiple appeals. In that case, the court ruled that a Rule 1.090 motion to enlarge would toll the 30 day time period to accept or reject and my client’s offer under Rule 1.442.