How to Reschedule a State Mediation

Back in the day, Emily Litella used to entertain us on the Weekend Update portion of Saturday Night Live. This character would appear as a citizen seeking to correct some perceived editorial position of the television network (a parody of the old Fairness Doctrine spots that some will remember). After rambling a bit about the subject of her op-ed, one of the Weekend Update anchors would interrupt her (not always as easily as they might wish) and correct some misconception in her premise. Emily was famous for her response line "oh, that's very different" followed by "never mind."

I was reminded about Emily (actually Gilda Radner, rest her soul) in a recent conversation with an attorney. I was approached with a suggestion. As with many, the speaker led with "I don't know if it's possible, but what if we could . . . " The idea was essentially "what if we (the attorneys) could see a mediator's calendar in order to find a vacant appointment date/time for rescheduling a mediation." I found myself listening to this enthusiastic and really thoughtful explanation of the merits of this idea. It would save the attorneys time, save the mediators time, save phone calls, and voice mails, and call backs, and, and, and. 

After this was all provided, in significant detail, my response was simple: "you can already do that, anytime you want." There was a pause, then "wait, what, I can see the mediator's calendars now?" I confirmed, and the response was classic Emily Litella "oh, never mind." I realized that I have never written to explain the calendar process and that perhaps there are many attorneys that do not realize they have this capability. Thus the following on "How to Reset a State Mediation."

First, the attorneys should get on the phone with each other. This is the professionalism of "conferring" and it is required before filing a motion (See Rule 60Q6.115(2)). Talk with each other:

Atty 1. Gee Attorney Two, I see we have a mediation in Claimant v. XYZ Co., and I have a conflict.

Atty 2. No problem Attorney One, I can work with you on that. 

Atty 1. Let's each log into e-JCC and find a new date and time

Atty 2. I did not know you could do that, how is that possible?

Well, it is really simple. Each attorney logs in to the e-JCC platform, and selects "Mediator Schedule" from the menu:

That will present the attorneys with the opportunity to select the mediator name from the drop-down menu (red box below) and then click on the "submit" button (green box below). 

This will display some very useful information. For example, times and dates that the mediator is unavailable because she or he is "out of office" will be displayed. 

And, the dates/times that she or he has mediation conferences will also be displayed. The attorneys can work with their own calendars, and find a date/time that fits all the right criteria (is available on the mediator calendar, is within the 130 day statutory period, and is free on the attorney's calendars). 

After those are all aligned, either attorney could call the mediator to ask for that change. When the change is made at the OJCC office, the selected time will show occupied on the mediator's calendar, and the previously scheduled time will then show as available for some other group of attorneys to potentially use.

A couple of critical points. Parties are not mandated to use the mediator to which the case has been assigned. There are various volumes of litigation in Florida, and some mediator calendars are more congested than others. Remember that parties may  "jointly request voluntary mediation services," which are subject to "individual mediator calendars." So, if the assigned mediator has no time that meets the needs of the attorneys seeking to reschedule, the attorneys might consider referencing Rule 60Q6.110(2)(d). They could find an available and convenient time on some other state mediator's calendar, and stipulate to conduct a "voluntary mediation" instead. This may require more coordination and communication (two mediators instead of one; getting on one mediator's calendar and cancelling a mandatory on another's). But, it may provide a viable solution when calendars are congested. 

And, keep those ideas coming. Though the attorney that recently contacted me was not the first with this idea, it was still an excellent idea. Most of what you enjoy in e-JCC today is the result of the thoughts and ideas of workers, employers, attorneys, adjusters and risk managers just like you. You are our customers and our primary source of ideas for innovation and changes to our systems. As Dean Martin used to close his television show "keep those cards and letters coming folks." We need your ideas and we appreciate your enthusiasm!