Published: July/Aug 2025

Various Insurers v. Gen. Elec. Int’l, Inc., 131 F.4th 1273 (11th Cir. 2025).  Incorporation of Conciliation and Arbitration Rules of International Chamber of Commerce into arbitration provision constituted clear and unmistakable agreement to delegate issue of arbitrability to arbitrator.

Merritt Island Woodwerx, LLC v. Space Coast Credit Union, 137 F.4th 1268 (11th Cir. 2025).  Substitute-forum clause of arbitration agreement between account holders and credit union, which provided for arbitration through American Arbitration Association and stated that if Association were unavailable “and if [holders] and [credit union] do not agree on a substitute forum, then [holders] can select the forum” for resolution of claims, did not limit a substitute forum to an arbitration forum but rather permitted selection of court as substitute forum.

Wu v. Liu, 131 F.4th 1295 (11th Cir. 2025).  Investor filed class action in state court alleging that defendants promoted financial scheme aimed at fraudulently raising and diverting funds from individuals seeking to establish permanent residency in United States. After removal, defendants moved to compel arbitration. The district court denied the motion and remanded action to state court for lack of subject matter jurisdiction.  On appeal, the Court held that the district court’s order fell within the scope of the statutory bar against appellate court review of orders remanding cases removed from state court.

Liberty One Funding Tr. v. Achenbach, No. 25-10467, 2025 WL 1260631, at *1 (11th Cir. May 1, 2025).  9 U.S.C. § 16(a)(1)(B) does not permit an immediate appeal from an order denying a motion to compel arbitration that is based on state law.

Meikle v. U-Haul Co. of Florida 905 LLC, 401 So. 3d 365 (Fla. 4th DCA 2025).  Minor child allegedly injured by equipment rented by his mother sued owner of equipment for negligence was not bound by arbitration agreement in rental contract between mother and owner where mother did not sign the contract on the minor’s behalf.

Nowicki v. Get Wet Watersports, Inc., No. 4D2024-1077, 2025 WL 1172613 (Fla. 4th DCA Apr. 23, 2025).  There are four ways that parties might demonstrate that a disputed issue exists as to the making of an arbitration agreement within the meaning of the statute authorizing the trial court to “summarily to decide” a motion to compel arbitration (unless it finds that there is no enforceable agreement to arbitrate): (1) arguments of counsel at a hearing; (2) the filing of a written response in opposition to arbitration; (3) the filing of affidavits; and (4) review of documents furnished by counsel.

People’s Tr. Ins. Co. v. Hernandez, No. 4D2024-3274, 2025 WL 908728 (Fla. 4th DCA Mar. 26, 2025).  A request for trial de novo, which does not also include a notice of rejection of the arbitration decision in the same document, does not comply with amended Florida Rule of Civil Procedure 1.820(h). 

Miami Dolphins, Ltd. v. Engwiller, No. 3D24-0605, 2025 WL 1064381 (Fla. 3d DCA Apr. 9, 2025).  Hyperlink for terms of use on football team’s ticketing website, which linked to stadium owner’s terms for its tickets, was sufficiently conspicuous and offset to place reasonable user on inquiry notice, and thus spectator’s mother assented to stadium owner’s terms, including mandatory arbitration provision, by claiming tickets from her employer by logging into website, in spectator’s negligent security action against football stadium owner and football team owner, arising from injuries suffered when fight broke out among fans at game; hyperlink was displayed on center of page between two log-in fields and sign-in button, phrase “Terms of Use” was bold and offset from rest of page in contrasting, bright color, and owners established that relevant terms were in effect when spectator’s mother accepted tickets. 

Seduction Cosmetic Ctr. Corp. v. Dunbar, 50 Fla. L. Weekly D204 (Fla. 3d DCA Jan. 15, 2025).  An arbitration clause including the words “arising out of or relating to” is classified as a broad, rather than narrow, arbitration clause.  Broad clauses encompass those claims that have a significant relationship to the contract.

Donna Greenspan Solomon was the first attorney certified by The Florida Bar as both Business Litigator and Appellate Specialist.  Donna is a Member of the National Academy of Distinguished Neutrals and serves as Chair on AAA (Commercial Panel) and FINRA arbitrations.  She is a Certified Circuit, Appellate, and Family Mediator and Florida Supreme Court Qualified Arbitrator.  Donna is the current Chair of The Florida Supreme Court Committee on Standard Jury Instructions—Contract and Business Cases.  Donna can be reached at (561) 762-9932 or [email protected] or by visiting www.solomonappeals.com. 

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For additional ADR tips and resources, go to www.palmbeachbar.org/alternative-dispute-resolution-committee.

Published: June 2025

This conversation between longtime friends and dispute resolution professionals Jeanne and Bruce, is intended to help readers better understand how an organizational ombuds functions, why organizations might want an ombuds resource, factors to evaluate when considering an ombuds resource, different ombuds models and why they might consider training to become ombuds as another opportunity in their ADR careers. Jeanne has been the University Ombudsperson at the University of South Alabama for many years. Below are her thoughtful answers to questions posed by Bruce: 

Bruce:  What is an Ombuds? 

Jeanne:    An organizational ombudsperson is an individual who typically investigates complaints and serves as a neutral party to help resolve them. According to Charles Howard’s book, The Organizational Ombudsman, (2010) the ombudsperson achieves this in four ways:

• Providing information that an inquirer would not seek from other channels out of concerns about confidentiality or for fear of retaliation;
• Providing a querist with options for reporting misconduct or resolving conflict, explaining how each option works;
• Coaching a querist on how to best articulate an issue, and
• In general, serving as a confidential resource that anyone can use for guidance or advice (p. xvii)

Bruce:  How were your attracted to this your current position?

Jeanne:  At the time that our university created the ombudsperson position, I had been a practicing mediator for 14 years. After reading the position description, I could see a definite correlation between my skill sets and what I was doing in the classroom and through consulting.  (I was teaching courses in business communication and a course in negotiation and alternative dispute resolution in business.)  Several of my colleagues strongly urged me to apply for the position.

Bruce:  What are the best parts of being an Ombuds?

Jeanne:  For me, it’s the joy of knowing that I’ve really helped someone.  Many times, this help is simply reframing a situation so that it’s more manageable (life is easier) for the inquirer; other times, it’s actually working with them and other parties to resolve their differences.  

Bruce:  What are the greatest challenges of being an Ombuds?

Jeanne:  Some of the greatest challenges I’ve faced as an ombudsperson have been 1) individuals who did not (or could not) see things from the other party’s view point, resulting in the inquirer not being able to resolve the issue; 2)  parties trying to use the ombuds’ service just to get sufficient information to provide discovery information for later litigation; 3) parties not being truthful with the ombudsperson; 4)  blocks within the organizational system itself.

Bruce:  Are there different kinds of Ombuds positions?

Jeanne:  Yes, according to Julie Smith and Charles Howard, Understanding the Types of Ombudsman: A Starter Guide, there are five types: 

“Under the delineations of the 2001 and 2004 ABA Resolutions, five types of ombuds are categorized: Classical, Legislative, Executive, Organizational, and Advocate.”  I serve as an organizational ombudsperson.

Bruce: Do you have any advice as to how someone could pursue a career as an Ombuds?

Jeanne:  Yes, first be sure that you understand what is required of an ombudsperson.  Organizational ombudspersons try to help resolve issues at the lowest levels of the organization but may have to elevate them as needed. 

You can check the internet using key words such as , ‘ombuds positions,’  ‘organizations that use ombudspersons,’ and ‘finding ombuds jobs online.’  In my opinion, the best ways are through your personal networks.  Nursing homes, schools, etc. use ombudspersons and you may have to start in a pro bono position just to get your name established as an ombudsperson.

Bruce:  Can you recommend any specific organizations that provide training and educational opportunities to become an Ombuds?

Jeanne:  Yes.  The International Ombuds Association (https://www.ombudsassociation.org/) is an excellent way to immerse yourself in what you need to know to be an ombudsperson.

Your mediation training is very useful; I also obtained a coaching certificate that has proven to be invaluable.  I use the negotiation skills that I teach daily, and I highly recommend the book, Getting More by Stuart Diamond.

Bruce:  Do you have any other recommendations to help our audience learn more about this unique branch of the Alternative Dispute Resolution profession?

Jeanne:  Shadow an ombudsperson or have one speak to your organization.  Interview or visit ombudspersons at your local school or organizations in your community to learn more of their day-to-day duties.  It is a very rewarding field, and I highly recommend it.

Jeanne Maes is a  business professor at the University of South Alabama where she also serves as Ombudsperson. She specializes in organizational communication, negotiation, and alternative dispute resolution. A consultant, certified coach, facilitator, mediator, and executive trainer, she has worked with clients throughout the U.S. and internationally. 

Bruce A. Blitman is an attorney and a Florida Supreme Court Certified Circuit and County Mediator (since 1989) and Family Mediator (since 1990) in Palm Beach Gardens, Florida. For decades, Bruce has written and spoken extensively about the benefits of ADR. He can be reached at [email protected].

For additional ADR tips and resources, go to www.palmbeachbar.org/alternative-dispute-resolution-committee

Published: May 2025

Mediation works, and results in settlement more often than not.  But even mediations that don’t settle can benefit the parties in many ways. 

I know what you’re thinking.  “Spare us the glass-half-full speech, Al. Mediation that doesn’t settle, fails. Just admit it.”  I respectfully disagree.  The beneficial takeaways for both sides from an unsuccessful mediation can be many.

1) At mediation you learn a lot about the other side’s case.  Before mediation, often the only place the opposition’s positions are spelled out is a bare-bones pleading.  It’s helpful when opposing counsel in mediation elaborates and puts some dressing on those bare bones. 

Often, counsel present arguments in mediation that they had downplayed previously or maybe hadn’t mentioned at all. I’ve seen many mediations where parties only came to fully understand the other side’s position by hearing counsel’s opening presentation.  This new realization can lead to settlement.  But even where it doesn’t, counsel and client are better equipped to confront those newly-realized arguments as they move toward trial.

2) Mediation is an opportunity to work on your case – demonstrative exhibits, orders of proof, etc. Mediators are busy throughout mediations, working nonstop with one side, then the other, with no “down time.” But when the mediator is in the “other room,” lawyers and their clients do have down time.  Use it! 

As a former trial lawyer, I know all about reviewing deposition transcripts, case law etc. during mediations. Trial lawyers’ schedules are so full that this down time may be the only time you’ve actually got nothing else to do and can concentrate on this case.

Spend this time prepping your client for their trial testimony, reviewing expert reports, or  whatever other trial prep you will need if the case doesn’t settle.  In most of my mediations that haven’t settled, lawyers on all sides have left the room better prepared for trial than before mediation by using mediation down time productively.

Also, a mediator with long experience in your type of case can be helpful.  The mediator may not be impressed with some arguments that had seemed bulletproof to you before mediation.  If the mediator isn’t persuaded, the judge or jury might not be either.  Use this input to redirect your emphasis away from weaker claims, focusing your trial presentation on points more likely to be winners. Your case at trial will likely be more effective.

3) You can set expectations, useful in subsequent settlement discussions.  Sometimes cases fail to settle at mediation because parties are legitimately surprised by the large size of plaintiffs’ demands, or the low size of defendants’ offers, and they just can’t “get there” during the mediation.  But we’ve seen many cases in which what seemed at mediation to be shockingly large or small becomes “normalized” over time, with further discussions ultimately leading to settlement.

If the other side seems shocked at your position at mediation, maybe you’re being too aggressive.  But maybe they just need more time to get used to the idea.  If so, a later settlement closer to your number can result.

4) You can identify errors in the other side’s analysis and hopefully correct them during subsequent settlement discussions.  A party’s unrealistic settlement position at mediation can be due to misapprehension of the applicable law or facts.  If mediation fails, afterwards take the time to send opposing counsel your case law or highlighted deposition excerpts that they may be overlooking. I have seen such post-mediation efforts result in later settlement many times.

5) Your client gets to see you in action.  Often, lawyers represent clients on only a single case.  Seeing how prepared you are for mediation and how persuasively you present their case can be eye-opening for clients and build their confidence in how you will perform at trial.  Note – this  can also backfire.  Let them see you be persuasive, not abrasive.

6) You and your client can use a failed mediation to focus on trial prep.  Nothing helps a lawyer resign themselves to the case needing to be tried better than a failure to settle at mediation. 

Trial prep is expensive and time-consuming. Before fully exploring settlement via mediation, lawyers and clients can suffer a bit of cognitive dissonance as they spend time and money prepping for trial.  (Client to lawyer: ”Why are we taking all these depositions and hiring all these experts?  It’ll all be wasted if we just end up settling.”)

When you’ve given mediation your best shot, yet you and your opponents remain miles apart, you and your client can resign yourselves to the unlikelihood of settlement.  This can truly help both lawyer and client focus on the need to push forward toward trial.

See?  The mediation glass really is half full!

For additional ADR tips and resources, go to https://www.palmbeachbar.org/alternative-dispute-resolution-committee/

After a long career at Shutts & Bowen LLP as a commercial litigator specializing in real estate and general business cases, Mr. LaSorte now acts exclusively as mediator and  expert witness through his own firm, Alfred A. LaSorte, Jr., P.A. d/b/a LaSorte Mediation.  (www.LaSorteMediation.com).  Mr. LaSorte can be reached at (561) 286-7994 and [email protected].