Resources/CLE
Library / Tool Kit
Bracketology – The Art and Science of Bracket Negotiations
Lawrence M. “Larry” Watson, Jr., a founding principal of Upchurch Watson White & Max, recently conducted a survey of members of the American College of Civil Trial Mediators (a nationwide group of highly skilled dispute resolution professionals) along with members of our own UWWM panel seeking their experiences with bracket negotiations. Larry compiled the results, added a number of personal insights and techniques he has developed over the years and produced the article that is shared here. A “must read” for active mediators and civil litigation lawyers, his study reveals invaluable practice tips for implementing this compelling negotiation technique.
UWWM Cybersecurity Protocol for Videoconference Mediations
Upchurch Watson White & Max has established a standard protocol for all of its videoconference mediations in response to widely reported security concerns. We believe following our Model Security Protocol is the best way to preserve privacy and to protect the confidentiality of all online dispute resolution proceedings.
Documents Related to Annual 8-Hour CME/CLE, Live! Program Delivered Oct. 20, 2017
Howard Marsee’s selected bibliography: Language as a Tool of Conflict Resolution
“Designing the Mediation” by Rodney A. Max
“Crisis (Hostage) Negotiation: Current Strategies and Issues in High-Risk Conflict Resolution”
Agreements
- Mediation Agreement (short)
- Mediation Agreement (detailed)
- Confidentiality Agreement (1)
- Confidentiality Agreement (2)
- Settlement Agreement (1)
- Settlement Agreement (2)
- Settlement Agreement (3)
Lawyer’s Toolbox
- Topics A-Z (everything from Accessible Parking at the Florida Supreme Court to Victim’s Services and Vital Records)
- ADR vs. Litigation
- SWOT Analysis for Mediation
- Pre-Mediation Case Summary Template
- How to Select the Best Mediator
Appellate Mediation Forms (5th DCA)
- Order of Referral to Mediation
- Motion for Waiver of Mediation Fees
- Response to Order of Referral to Mediation
- Order Appointing Mediator
- Order Appointing Mediator Pursuant to Stipulation of the Parties
- Mediation Report
- Joint Stipulation for Dismissal of Appeal
- Joint Motion to Relinquish Jurisdiction for Approval of Settlement
- Mediation Evaluations: Attorneys, Mediator, Parties
CPR Contract Clauses:
Negotiation/Mediation/Arbitration
- Abbreviated
- Detailed
- CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration
- Global Rules For Accelerated Commercial Arbitration
Rules
Articles / Publications / Forms
International Dispute Resolution
Special Masters
- Utilizing “Special Masters” in Florida: Unanswered Questions, Practical Considerations, and the Order of Appointment
- Utilizing Special Masters: Helpful Information for the Practitioner
- Academy of Court Appointed Masters (ACAM) Benchbook”Appointing Special Masters and Other Judicial Adjuncts”
- Special Masters Under Rule 53: The “Exceptional” Becomes “Commonplace”
- Order Appointing Special Magistrate Pursuant to FRCP 1.490
- Model Procedural Guidelines for Special Master Proceedings
- Bray & Gillespie, LLC Case Law
Arbitration
- Florida Supreme Court Affirms Arbitrator’s Authority to Decide Timeliness Defenses
- Arbitration – Issues to be Considered by the Persuasive Advocate
Mediation
- The “Goal Oriented” Approach to Mediation Negotiations
- White Paper: How Clients Think: The Brains Behind Decision Making
- Valuing Cases for Settlement: Seeing the Forest Through the (Decision) Trees
- Windstorm Conference Presentation, January, 2011~ “What Works, What Doesn’t”
- Mediation Guide: Effective Advocacy
- Development of the Mediation Associate: A Case Study
- The Ethical Civil Trial Mediator: The Letter, the Spirit and the Practice
- Multiparty Mediation
- Mediation: The Humanization of the Justice System Resulting in the Truest Equities Among the Parties
- Designing the Mediation
- Breaking the Impasse
- Supreme Court Mediation Order
Construction
Family Business
- Family Business Mediation – Anatomy of the Process
- Why Mediation for Amicable Families?
- Global Firm Confirms Family Business Norms
- Clan Dynamics for Estate Advisors
- Le Van Recommended Reading
- Soft Side Syllabus
- Clan Planning: Preparing Clients to Discuss their Estate Plans with their Beneficiaries
- Flashpoint Detector Questionnaire
Government Affairs
- The Land Use and Environmental Dispute Resolution Act: A Diamond In The Rough?
- A Call to Pre-Suit Mediation in These “Worst of Times”
- Model Procedural Guidelines for Special Master Proceedings
Special Feature:
CPR Award Nomination 2011