A. Michelle Jernigan to Present ‘Using Brain Science for Better Mediations’ July 28
One of Florida’s first Supreme Court-certified mediators, A. Michelle Jernigan, also has a decades-long interest in psychology and the brain. In a Webinar sponsored by the American Bar Association Section of Dispute Resolution, she will discuss the basics of brain structure and function in clear, simple terms — along with practical ways to apply this knowledge at the mediation table. Ms. Jernigan, a shareholder with Upchurch Watson White & Max, will present “Using Brain Science for Better Mediations” at noon Tuesday, July 28.
Jury Duty With a Mediator Mindset, Part 5: Jurors’ Interviews
I was released from the jury just prior to its retiring to deliberate the verdict. I was terribly disappointed that I was not going to continue to participate in a process I had talked about for years in mediation. However, I did maintain contact with two of the jurors and interviewed them separately. I prepared a long list of questions and had them rate those factors that significantly influenced their decision making. One of the jurors, a cellphone tower contractor, believed the contractor was at fault from the beginning of the trial. He was well aware of the responsibilities a contractor has for maintaining the safety of his job site.
Florida Mediator Lawrence Kolin to Speak at NYC Masters Conference
Lawrence Kolin, a mediator and arbitrator with Upchurch Watson White & Max, has been invited to speak about streamlining electronic discovery at the Masters Conference for Legal Professionals on Tuesday, July 21, in New York City. “Whether you’re dealing with e-discovery in a new, socially networked world, find your company expanding globally and thus facing international discovery issues, or planning for the future of e-discovery in your firm or company, you know there’s a divide between what is in practice today and where your firm needs to be in the near future,” according to conference organizers. “Legal professionals must develop strategies for spanning this e-discovery divide before it expands further across traditional borders, whether physical or technical.”
Jury Duty With a Mediator Mindset, Part 4: Damages
The jury’s methodology for determining damages was the most surprising aspect of the trial. The plaintiff’s lawyers submitted evidence showing the medical bills incurred by the plaintiff as a result of the injury were $95,000. The defense asserted some minor arguments regarding the medical bills but did not sufficiently persuade the jury to reduce those bills. Consequently, the jury awarded all the future medical bills requested by plaintiff and increased that figure for the cost of inflation. In closing argument, the plaintiff’s attorney also requested the jury award $150,000 in past pain and suffering and $150,000 in future pain and suffering. I latched on to these figures and assumed, based on my mediator mentality, the plaintiff’s attorney would think a $200,000 pain and suffering award would be reasonable.
Jury Duty With a Mediator Mindset, Part 3: Liability Issues and Causation
The plaintiff asserted the construction company had been negligent by failing to exercise due care in re-routing traffic away from the pothole. There was no question the construction company knew about the pothole; the issue was what duty it had to protect the public from the pothole. The defendant’s expert opined that re-routing traffic was difficult because it required agency approval and was, therefore, not a practical solution. The plaintiff’s expert testified , to meet the duty of care, the defendant had to re-route the traffic.
Upchurch Watson White & Max Mediation Group Names 5 New Shareholders
Upchurch Watson White & Max recently announced mediators Judith A. Bass, Dominic Brandy, Jeffrey M. Fleming, George M. “Marty” Van Tassel and William Zei, who joined Upchurch Watson White & Max Mediation Group during a two-year period of growth for the Florida- and Alabama-based firm, are new shareholders. “This step has been taken to recognize the significant contributions being made by each to the firm through their vibrant practices, their unflagging support of the firm’s mission, and the esteem with which they are held by their clients and the legal community,” said John Upchurch, a founder of the alternative dispute resolution group and its CEO.
What Is ‘Other ADR’?
Approved 1.0 Hr. FL Bar CLE Credits
1.0 General
Course #1504141N
until 12/18/2016
Presented by: Lawrence Kolin and A. Michelle…
What Is ‘Other ADR’?
Major changes are being proposed by The Supreme Court of Florida’s Committee on Alternative Dispute Resolution…
Mediator Ricardo Cata Speaks to 125 Grad Students at Mexican Law School
Ricardo J. Cata, bilingual mediator with Upchurch Watson White & Max, was a speaker on the mediation process and practice, including insurance-related mediation, and international commercial mediation, at the Graduate Program on Insurance and Surety Law (Diplomado en Derecho de Seguros and Fianzas) on June 6, 2015, at the Escuela Libre de Derecho, in Mexico City.
There were 125 persons in attendance at the Diplomado from the insurance and re-insurance sectors, the banking sector, the oil and gas sector, as well as in-house counsel from large Mexican corporations and lawyers from various law firms.
Upchurch Watson White & Max Names Orlando Mediator a Shareholder
MAITLAND, Fla. (June 10, 2015) – Jeffrey M. Fleming, who has been a mediator with Upchurch Watson White & Max since June 2014, is among five new shareholders the growing firm named recently. Mr. Fleming is certainly well-known within the local legal community. He began to develop his mediation practice in 2013 after spending 11 years on the bench; he had served as a judge for Orange County from 2002 until he was appointed a Ninth Circuit judge in 2006. He was both appointed and then elected to each post. He also has served as an associate judge for the Fifth District Court of Appeal.