By Leslie King O’Neal
Just what you needed on a Thursday– a short summary of some recent ADR news, including mediation, arbitration and new AI guidance.
Counsel Not Required to Sign Florida Court-Ordered Mediation Agreements
Counsel for parties in Florida court-ordered mediations will not be required to sign mediation agreements after April 1, 2025.
On February 6, 2025, the Florida Supreme Court amended Rule 1.730 (completion of mediation) by deleting the requirement that counsel for each party sign the mediation agreement. This conforms the rule to the Florida mediation statute (Section 44.04, Florida Statutes). https://supremecourt.flcourts.gov/content/download/2446888/opinion/Opinion_SC2024-0774.pdf
AAA Proposes New Consumer Arbitration Rules
The comment period for AAA’s proposed changes to its Consumer Arbitration Rules ends February 28, 2025. If you have any comments, get them in soon! https://go.adr.org/public-comment-employment-consumer-rules.html#:~:text=The%20American%20Arbitration%20Association%C2%AE,of%20parties%20and%20their%20representatives.
The proposals include a new rule (R-11) allowing AAA to refer the parties to mediation, which will take place concurrently with arbitration.
Another new proposed rule (R-42) regarding confidentiality allows the arbitrator to issue orders protecting trade secrets and confidential information.
There are new rules regarding majority decisions (R-43), sanctions (R-57), and appeals (R-58) .
Sedona Conference Issues AI Guidelines for Judges–Lawyers & Arbitrators Can Benefit Too.
Five judges and a lawyer/computer science professor walked into a bar . . .well, not exactly. They collaborated to develop guidelines for responsible AI use for judicial officers. https://thesedonaconference.org/civicrm/mailing/view?id=3064&reset=1
The authors will present a free webinar on Tuesday, March 18, 2025, at 1 p.m. EDT. For more information, click here. https://thesedonaconference.org/Navigating_AI_in_the_Judiciary_webinar
Lawyers and arbitrators will also find the guidelines a helpful framework for using AI and Generative AI. They discuss quality of prompts, confidentiality issues, and how AI and GenAI can be used to increase efficiency in court proceedings.
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