Ricardo Cata to Moderate ABA Panel Exploring Role of Mediation in U.S. Claims Against Cuba

MIAMI (April 6, 2016) — Mediator/Arbitrator Ricardo J. Cata will moderate an April 13 panel discussion, “The Role of Mediation in Resolving U.S. Claims Against Cuba,” at the American Bar Association Section of International Law 2016 Spring Meeting in New York City. As normalization of U.S.-Cuba relations intensifies, so do the questions surrounding what will happen if individual transactions and longer-term deals go wrong in the future. It was recently addressed by Monika Gonzalez Mesa in a story for the South Florida Daily Business Review. No doubt, it will be hard to overcome history. A summary for Mr. Cata’s upcoming panel explains: The U.S. and Cuban governments are already negotiating thousands of certified U.S. claims against Cuba, “with an estimated value of $8 billion, and three court judgments, with present value of over $3 billion.” In return, Cuba asserts $157 billion in damages from the U.S. embargo and $270 million of assets frozen in U.S. banks.

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, without a thought for the potential consequences. First, it reminds us what can happen when counsel signs a settlement agreement or release without clearly indicating his or her capacity or intent. Although not the subject of the opinion, Dandar v Church of Scientology Flag Service Organization, No. 2D14-1511, Mar 2, 2016, results from a case in which plaintiff’s counsel became a party to a settlement agreement.

Join UWWM in Supporting Big Brothers Big Sisters of Northeast Fla.

For the fourth consecutive year, Upchurch Watson White & Max is sponsoring the major fundraiser for Big Brothers Big Sisters of Northeast Florida: Bowl for Kids’ Sake. The 2016 effort is set for consecutive Saturdays, April 23 and 30, at Bowl America Southside, 11141 Beach Blvd. in Jacksonville.

Jacksonville-based shareholder and mediator Robert A. “Bob” Cole is a 12-year member of the organization’s board of directors and has solidified the relationship between UWWM and the local Big Brothers Big Sisters. Nationally, BBBS has a longtime association with the legal community, having been founded in 1904 by a court clerk whose New York courtroom had seen a growing influx of boys.

At the Very Least, Appear at Mediation, Court Reminds

In a recent opinion, the Fifth District Court of Appeal reminds participants and counsel how important it is to at least appear at mediation.

I’ve been a Supreme Court of Florida-Certified Appellate Mediator since 2001, so I took special notice when Florida’s 5th DCA specifically stated that representatives of the parties with full settlement authority were required to attend a mediation in person, unless excused from attendance by the court. The court’s order, referring a matter to appellate mediation, further stated that the failure to appear could result in the imposition of sanctions.

Mediator Chuck Mancuso Now Member of National Academy of Distinguished Neutrals

Charles A. “Chuck” Mancuso, mediation counsel with Upchurch Watson White & Max since 2013, is among five new Florida members named by the National Academy of Distinguished Neutrals for 2016.

The NADN, a professional association whose membership consists of attorneys “distinguished by their hands-on experience in the field of civil and commercial conflict resolution and by their commitment to the practice of alternative dispute resolution,” has more than 900 members throughout the United States, organized into local chapters such as the Florida Circuit-Civil Mediator Society.

Arbitration Backlash

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