Circuit/County Mediator 16hr CME Essentials

Course Number and Title
PKG200R - Circuit/County Mediator 16hr CME Essentials

CME Credits
16 hours CME (which includes 4 hours of mediator ethics, 2 hours of domestic violence, 1 hour of diversity/cultural awareness).

CLE Credits:
Approved by the Florida Bar. 15 hours (which includes 7 hours of civil trial credits, and 5 hours of ethics).

Course Outline - Condensed
This course package contains the following modules:
I. Modern Strategies to Grow Your Mediation Practice (How To Successfully Offer Mediation Services)
II. Mediating Personal Injury Claims
III. Florida Ethics & Standards of Mediator Conduct
IV. Interpersonal Violence Essentials
V. Diversity Awareness In ADR
VI. Discussion Topics

Moderator
Wayne Redwood, J.D.
wayner01@gmail.com

Please post all course related questions and comments on the Course Management System (CMS). Typically the CMS will be the best way for you to have your questions answered. However if the matter is of a private nature, please send me an email. I will typically respond to you within a few hours, or even sooner. I am a full time mediator with a vibrant practice so my responses during the business day may be delayed.

Course Delivery
This is an online interactive course designed to be delivered online via our CMS.

Delivery Schedule
This course is divided in multi media (audio and video) format and organized into several managable modules. I urge you not speed through the sections, but spend some time absorbing the materials. These are concepts that you will be able to implement into in your practice. You will miss the major impact of the outline if you simply speed read. Each section should be completed before you move to the next.
The CMS will automatically release the various sections and keep track of the time you spend working on this course. Much of your time will be spent with the multimedia lectures and discussing the various topics found on the discussion forum. You will be surprised at how quickly this time passes.
Also it is not necessary for you to respond to each and every thread in the discussion forum. You should choose the discussion topics you have an interest in responding to.. Our goal is to engage you in discussion, so please allow some time for your posts to be read and responded to by others.

Time to Complete
There is no formal time limit for you to complete this course. However it may be unrealistic for you to complete this course in one day. This is because you have to allow others to discuss and interact with your posts. The fun is engaging in discussion and learning from others. Upon completion of the course you will be able to print the certificate of completion along with the course outline for you to use to report CME hours. Again, this is all controlled by our CMS.

Finally use the myProfile link to post something interesting about yourself. The My Profile link is found on the Home Room page. Your bio will only be shared with others you engage in the discussion forum. Remember that the business of mediation is all about making contacts.

About our CMS
Our course management system is fully functional, but is in it's early stages of development. Because of this, we occasionally expect to have hick ups. Much of our vision for this tool have not yet been implemented, and we work on it daily to make improvements and correct errors. If you experience an error in using the CMS we would appreciate you letting us know. However for the most part your experience with the CMS will be error free.

Required Course Forum Discussions
Here students are required to participate in the various discussion topics related to this course found on our Course Management System (CMS).

 

Course Outline - Details

I. Modern Strategies To Grow Your Mediation Practice
In this section we discuss how to effectively and ethically grow and operate your mediation practice. Experience tells us that in order to build a successful mediation practice, we must develop a strong network of people, who will personally use and recommend our services. This course explores how to use the "web" and other off-line sources to facilitate these recommendations, while at the same time avoiding any ethical improprieties. Much of the traditional methods of marketing and advertising simply just do not work for building mediation practices.
Here we focus on specific methods to convert your website, blog, and social media properties, into powerful relational marketing tools for growing your practice. The content of this course is compiled from over ten years of marketing and growing our own mediation practice. The content of this
course is always fresh with the most innovative strategies. At the end of this course we hope that you will benefit from our success and blunders,
and propel your practice to the next level.

The Business of Mediation in General
The unique nature of mediation
Competition
Public perception
Earnings in general
Overall outlook
Decide what type of mediator you want to be
Your background and experiences as a place to start
Cases that peak your interest
Narrow your choices to your top three
Decide on how you want to be known
Be a specialist – related work will come

Organize the Business Side of Your Practice
Business Legal Structure
Referral Sources
Business Planning
Agreement to Mediate
Malpractice Insurance
Meeting Accommodations
ADA issues
Translators
Stress Management
Fee Structure
Billing System
Merchant Account
Information Technology & Software
Continuing Mediator Education (CME)
Register your domain name

Promoting Your Mediation Services
All About Creating a Unique Brand
Branding defined
What’s name got to do with it?
Write a concise mission statement
Visualize your business
Create a catchy tag line
Create marketing collateral (business cards, brochure, etc)
Planning Your Mediation Website
Make your website a marketing hub
Plan Your Mediation Website
Basic mediator website structure
Develop your website theme
Organize Your Content
Use original content
Obey the minimum site pages rule
Use logical filenames
Keep page content to a reasonable amount
Use graphics only when necessary
Relate with your audience
Convert visitors to leads
Convert leads to customers
Always get something back
Target your website to a geographical area
Remember to balance your web development activities with that of running your business
Mediator Marketing Tools
Social Media as a Marketing Tool
Social media defined (Facebook, Google+, etc)
Taming the buzz on social media
Email as a Marketing Tool
Develop and nurture an email list
Develop a permissions based email campaign
Give your audience a reason to read your email
To Blog or Not To Blog as a Marketing Tool
Mediator Practice Promotion Ideas

II. Mediating Personal Injury Claims

In this section we discuss some of the fundamental considerations to effectively mediating personal injury claims, involving negligence mainly from automobile accidents. Much of this material was developed from our own practice and from workshops we conduct with mediators, claims adjusters, and practicing personal injury attorneys.

Overview of Florida Automobile Insurance Rules
Florida automobile Insurance law (as of 2003)
Basic insurance requirements in Florida
Types of coverage
Personal Injury Protection (PIP)
Liability
Collision
Uninsured Motorist Protection
Medical Payments
Rental Reimbursement
Enforcement remedies

Dynamics of Mediating a Personal Injury Case
Selecting the appropriate mediator
Scheduling the personal injury case
Preparing the case for mediation
Mediator’s role in helping the parties to prepare
Managing the expectation of the parties
Using your opening statement to set the tone of the mediation
Managing the negotiations
Avoiding impasse

Ethical Standards of Practice
Role of lawyers in personal injury mediation
The role of the mediator
Standards of professional conduct
Analysis of mediation statutes and rules
Mediator's obligation to impartiality
Dealing with pro-se cases in mediation
Don’t cross the imaginary line

III. Florida Ethics & Standards of Mediator Conduct

This section outlines and discusses the Florida standards of conduct for certified mediators, the modern Model Standards of Conduct for mediators, and review applicable MEAC opinions.

Florida Rules for Certified and Court-Appointed Mediators
Rule 10.200 Scope and Purpose
Rule 10.210 Mediation Defined
Rule 10.220 Mediator’s Role
Rule 10.230 Mediation Concepts
Rule 10.300 Mediator’s Responsibility to the Parties
Rule 10.310 Self-Determination
Rule 10.320 Nonparticipating Persons
Rule 10.330 Impartiality
Rule 10.340 Conflicts of Interest
Rule 10.350 Demeanor
Rule 10.380 Fees and Expenses
Rule 10.400 Mediator’s Responsibility to the Mediation Process
Rule 10.410 Balanced Process
Rule 10.420 Conduct of Mediation
Rule 10.430 Scheduling Mediation
Rule 10.510 Information to the Court
Rule 10.600 Mediator’s Responsibility to the Mediation Profession
Rule 10.610 Advertising
Rule 10.620 Integrity and Impartiality
Rule 10.630 Professional Competence
Rule 10.640 Skill and Experience
Rule 10.650 Concurrent Standards
Rule 10.660 Relationships with Other Mediators
Rule 10.670 Relationship with Other Professionals
Rule 10.680 Prohibited Agreements
Rule 10.690 Advancement of Mediation

Model Standards Of Conduct For Mediators
Standard I. Self-Determination
Standard II. Impartiality
Standard III. Conflicts Of Interest
Standard IV. Competence
Standard V. Confidentiality
Standard VI. Quality Of The Process
Standard VII. Advertising And Solicitation
Standard VIII. Fees And Other Charges
Standard IX. Advancement Of Mediation Practice

Review of MEAC Opinions in Mediator Business Development

IV. Interpersonal Violence Essentials

The purpose of this section is to increase mediator awareness of and sensitivity to domestic violence. Here we outline the prevalence of domestic violence on society taken as a whole, and explore some of the root causes to this epidemic.

What Is Domestic Violence
According to the DOJ
According to Florida
How to spot domestic violence in mediation
National spotlight
Look for the classic signs
Forms of domestic violence
Physical
Isolation
Manipulation of children
Verbal
Psychological
Economic dependence
Prevention and response

Root Causes Of Domestic Violence
Cultural and social traditions
Role of the senior male in family
Psychological abuse
Economic abuse
Substance abuse
Violence in media

Impacts Of Domestic Violence
Direct costs
Indirect costs
Long-term health issues
Physical effects of DV

Duty to Report Domestic Violence
Do mediators have a duty to report domestic violence
Healthcare providers may have a duty to report domestic violence
Arguments supporting mandatory reporting
Arguments against mandatory reporting
How to report
Where to report

Statistics
Intimate partner physical abuse
Intimate partner homicide
Sexual assault
Stalking
Homicide

Domestic Violence In the News
Overview of high profile cases
Hotlines and other DV Resources

V. Diversity Awareness In ADR

The purpose of this section is to increase mediator awareness to the sensitivity of diversity issues. Here we discuss some trendy isses which mediators may leverage in growing their practice.

 

 

 

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