Preview
Filing # 43593644 E-Filed 07/06/2016 12:34:26 PM
IN THE CIRCUIT COURT, EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA
CEDRIC L. WEBB and
SARAH M. WEBB,
CASE NO.: 2015-CA-4367
Plaintiffs,
Vv.
MAKAYLA S. BAKER and
JAMES A. BAKER,
Defendants.
AMENDED NOTICE OF MEDIATION CONFERENCE
PLEASE TAKE NOTICE that a Mediation Conference has been scheduled before
the undersigned Mediator, for Wednesday, September 7, 2016 beginning at 1:30 p.m.
(4 hours reserved), at The Resolution Center, 4719 NW 53°¢ Avenue,
Gainesville, FL 32653 (please refer to attached driving directions — GPS &
MapQuest will not give you complete directions).
The rules governing said Mediation Conference shall be as follows:
1 A Tt Me ul Tt. Appearances at mediation are controlled by
Rule 1.720, Florida Rules of Civil Procedure. Effective January 1, 2012 an
amendment to Rule 1.720 addresses mediation procedures including the
definition of a party representative having full authority to settle, appearances
at mediation by public entities, appearance by representatives of an insurance
carrier, possible certification of authority filed by the parties prior to
mediation, etc. Please see Rule 1.720, Florida Rules of Civil Procedure,
regarding attendance requirements at mediation and related matters.
Completion of Mediation. The participants shall be prepared to spend as
much time as is necessary to settle the case or until an impasse is declared by
the Mediator. See Rule 1.710(a) Florida Rules of Civil Procedure regarding
completion of mediation.
Mediation Statement. The parties shall present a brief written summary
of the facts and issue to the Mediator one week before the Conference.
Counsel for corporate parties will state the name and general job description
of the employee or agent who will attend and represent the corporate party.
1
"2015 CA 004367" 43593644 Filed at Alachua County Clerk 07/06/2016 12:34:27 PM EDT
The summaries need not be filed in the Court file. Such summaries greatly
aid preparation for the mediation itself.
Confidentiality. All discussions, representations and statements made at
the Mediation Conference shall be privileged as settlement negotiations, and
nothing related to the Conference shall be admitted at trial or subject to
discovery, subject to any court rules or statutes relating to mediation.
Scheduling, Rescheduling and Cancellation. Counsel for the Plaintiff
is appointed as lead attorney to work with the Mediator and to coordinate the
Mediation Conference. In the event it becomes impossible for an attorney to
attend the Scheduled Conference, coordination for rescheduling may be done
through the lead attorney to the Mediator. The lead attorney is responsible
for immediately notifying the Mediator’s Office if the case settled prior to the
conference.
Mediator Fees. The Mediator shall be compensated at a rate of $300.00
per hour for mediation involving two (2) parties, $315.00 per hour for three
(3) parties, $330.00 per hour for four (4) parties or $345.00 per hour for five
(5) parties. The cost of the mediation shall be borne equally among parties.
Parties represented by the same attorney and having similar legal and factual
identities (e.g., husband/wife, employer/ employee) shall be treated as one
party.
Post-Conference Fees. Should the matter not resolve at the mediation
conference, the mediator will be available via telephone and/or email to
explore resolution. In order to encourage and facilitate resolution, post-
conference charges shall be at a reduced rate of $155.00 per hour.
Cancellation/Postponement Fee. Although it is recognized a scheduled
mediation may be cancelled or postponed, the timing is often such that it is
impossible to refill the time originally scheduled even if the subject mediation
itself is reset for a later date. A minimum charge may be assessed as follows:
(a) Cancelled/postponed with 21 calendar days, or less, notice: a
minimum of 1 hour for a 1/2 day and 2 hours for a full day, plus .20
hours for administrative fee.
(b) Cancelled/postponed with 14 calendar days, or less, notice: a
minimum of 1.5 hours for a 1/2 day and 3 hours for a full day, plus .20
administrative fee.
(©) Cancelled/postponed with 7 calendar days, or less, notice: a minimum
of 2 hours for a 1/2 day and 4 hours for a full day. A one-half (1/2) hour
administrative fee or file review fee may be added.
(d) If a mediation is scheduled at a facility other than The Resolution
Center, the reserved facility may have a cancellation fee. If so, and, ifa
cancellation triggers such a third-party facility cancellation fee, you
2
may be charge any such fee as The Resolution Center would not have
any options under such circumstances.
Disproportionate Billing. The Mediator will review all of the mediation
statements, documents, and other materials provided by the parties. Parties
may be billed separately in disproportionate amounts for review of these
materials if one party’s submittal greatly exceeds in volume the materials
submitted by other parties.
Travel Charges. Travel time may be charged at $150.00 per hour plus
mileage.
10. Attendance by Telephone. If a party or representative attends mediation
by telephone that party should obtain agreement with all parties or the court
to allow telephone attendance prior to mediation, otherwise, see Rule
1.720(b) Florida Rules of Civil Procedure as to physical presence at mediation.
Absent agreement otherwise the individual attending mediation by telephone
should call into the mediation venue or provide a toll free number or make
prior arrangement for reimbursement of long distance telephone costs.
11. Responsibility for Payment of Mediator Fees and Costs. In the
absence of prior written approval from the mediator, the attorney for each
party shall be responsible for payment of any and all fees. If the fee is not
guaranteed by counsel, counsel should collect a $400.00 deposit from their
respective clients and confirm in writing to the mediator that the deposit is
available 3 business days before the scheduled mediation. If a party is not
represented by counsel and is appearing pro se then the pro se party or
parties shall deposit $400 (per pro se party) and deliver said amount to the
mediator five (5) business days before the scheduled mediation.
12. Mediation Disposition Report. Pursuant to Rule 1.730 Florida Rules of
Civil Procedure the mediator shall report the parties reached agreement or
did not reach agreement and/or may report matters referenced in Rule
1.730(a).
13 Communication with Mediator. Communication with the Mediator may
be directed to:
Charles B. Carter, Esquire
Carter & Drylie, P.A. ¢ The Resolution Center
4719 NW 53rd Avenue, Suite A e Gainesville, FL 32653
Telephone: (352) 381-9991¢ Fax No.: (352) 381-8298
E-mail: cdpa@bellsouth.net
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been filed and served via the
E-Portal System this 6th day of July 2016: Paul Brockway, Esq. and Chobee Ebbets,
Esq. at their designated service email addresses.
THE RESOLUTION CENTER
s/ Charles B. Carter
CHARLES B. CARTER
Certified Circuit Civil Mediator & Arbitrator
4719 NW 53rd Avenue, Suite A
Gainesville, FL 32653
Telephone: (352) 381-9991
Fax No.: (352) 381-8298
Certification No. 18072CR
FL Bar No. 281840
DIRECTIONS TO
THE RESOLUTION CENTER
(CARTER & DRYLIE, P.A.)
4719 NW 538? AVENUE, SUITE A
GAINESVILLE, FL 32653
(352) 381-9991
From Jacksonville:
Take I-10 West to Baldwin.
Take 301 South to Starke; continue South through Waldo. (Do NOT speed in
Waldo city limits).
Veer right off 301 to S.R. 24 (just before overpass).
Continue South from Waldo towards Gainesville on S.R. 24.
Turn right (West) at traffic signal at NE 53"! Avenue. (If you see airport on your left
you have gone too far).
Continue on 53™ Avenue approximately 5 miles to traffic signal at NW 43" Street.
Continue through intersection (West 200 yards and turn left into rear shopping
center (Publix) entrance.
After 15 yards, turn right into traffic circle for Bristol Park.
.
From Li it I-75):
Exit #390 off I-75 (NW 39" Avenue).
Go East on NW 39" Avenue approximately 4 miles to NW 43" Street traffic
signal.
3. Turn left (North) onto NW 43" Street. Go 1 mile to second traffic signal at NW
53™ Avenue.
4 Turn left (West) onto NW 53" Avenue (McDonalds/Publix Shopping Center on
left).
5: Go West on NW 53 Avenue 200 yards, turn left into rear shopping center
entrance.
6. After 15 yards, turn right into traffic circle for Bristol Park.
Preview
Filing # 43593644 E-Filed 07/06/2016 12:34:26 PM IN THE CIRCUIT COURT, EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA CEDRIC L. WEBB and SARAH M. WEBB, CASE NO.: 2015-CA-4367 Plaintiffs, Vv. MAKAYLA S. BAKER and JAMES A. BAKER, Defendants. AMENDED NOTICE OF MEDIATION CONFERENCE PLEASE TAKE NOTICE that a Mediation Conference has been scheduled before the undersigned Mediator, for Wednesday, September 7, 2016 beginning at 1:30 p.m. (4 hours reserved), at The Resolution Center, 4719 NW 53°¢ Avenue, Gainesville, FL 32653 (please refer to attached driving directions — GPS & MapQuest will not give you complete directions). The rules governing said Mediation Conference shall be as follows: 1 A Tt Me ul Tt. Appearances at mediation are controlled by Rule 1.720, Florida Rules of Civil Procedure. Effective January 1, 2012 an amendment to Rule 1.720 addresses mediation procedures including the definition of a party representative having full authority to settle, appearances at mediation by public entities, appearance by representatives of an insurance carrier, possible certification of authority filed by the parties prior to mediation, etc. Please see Rule 1.720, Florida Rules of Civil Procedure, regarding attendance requirements at mediation and related matters. Completion of Mediation. The participants shall be prepared to spend as much time as is necessary to settle the case or until an impasse is declared by the Mediator. See Rule 1.710(a) Florida Rules of Civil Procedure regarding completion of mediation. Mediation Statement. The parties shall present a brief written summary of the facts and issue to the Mediator one week before the Conference. Counsel for corporate parties will state the name and general job description of the employee or agent who will attend and represent the corporate party. 1 "2015 CA 004367" 43593644 Filed at Alachua County Clerk 07/06/2016 12:34:27 PM EDT The summaries need not be filed in the Court file. Such summaries greatly aid preparation for the mediation itself. Confidentiality. All discussions, representations and statements made at the Mediation Conference shall be privileged as settlement negotiations, and nothing related to the Conference shall be admitted at trial or subject to discovery, subject to any court rules or statutes relating to mediation. Scheduling, Rescheduling and Cancellation. Counsel for the Plaintiff is appointed as lead attorney to work with the Mediator and to coordinate the Mediation Conference. In the event it becomes impossible for an attorney to attend the Scheduled Conference, coordination for rescheduling may be done through the lead attorney to the Mediator. The lead attorney is responsible for immediately notifying the Mediator’s Office if the case settled prior to the conference. Mediator Fees. The Mediator shall be compensated at a rate of $300.00 per hour for mediation involving two (2) parties, $315.00 per hour for three (3) parties, $330.00 per hour for four (4) parties or $345.00 per hour for five (5) parties. The cost of the mediation shall be borne equally among parties. Parties represented by the same attorney and having similar legal and factual identities (e.g., husband/wife, employer/ employee) shall be treated as one party. Post-Conference Fees. Should the matter not resolve at the mediation conference, the mediator will be available via telephone and/or email to explore resolution. In order to encourage and facilitate resolution, post- conference charges shall be at a reduced rate of $155.00 per hour. Cancellation/Postponement Fee. Although it is recognized a scheduled mediation may be cancelled or postponed, the timing is often such that it is impossible to refill the time originally scheduled even if the subject mediation itself is reset for a later date. A minimum charge may be assessed as follows: (a) Cancelled/postponed with 21 calendar days, or less, notice: a minimum of 1 hour for a 1/2 day and 2 hours for a full day, plus .20 hours for administrative fee. (b) Cancelled/postponed with 14 calendar days, or less, notice: a minimum of 1.5 hours for a 1/2 day and 3 hours for a full day, plus .20 administrative fee. (©) Cancelled/postponed with 7 calendar days, or less, notice: a minimum of 2 hours for a 1/2 day and 4 hours for a full day. A one-half (1/2) hour administrative fee or file review fee may be added. (d) If a mediation is scheduled at a facility other than The Resolution Center, the reserved facility may have a cancellation fee. If so, and, ifa cancellation triggers such a third-party facility cancellation fee, you 2 may be charge any such fee as The Resolution Center would not have any options under such circumstances. Disproportionate Billing. The Mediator will review all of the mediation statements, documents, and other materials provided by the parties. Parties may be billed separately in disproportionate amounts for review of these materials if one party’s submittal greatly exceeds in volume the materials submitted by other parties. Travel Charges. Travel time may be charged at $150.00 per hour plus mileage. 10. Attendance by Telephone. If a party or representative attends mediation by telephone that party should obtain agreement with all parties or the court to allow telephone attendance prior to mediation, otherwise, see Rule 1.720(b) Florida Rules of Civil Procedure as to physical presence at mediation. Absent agreement otherwise the individual attending mediation by telephone should call into the mediation venue or provide a toll free number or make prior arrangement for reimbursement of long distance telephone costs. 11. Responsibility for Payment of Mediator Fees and Costs. In the absence of prior written approval from the mediator, the attorney for each party shall be responsible for payment of any and all fees. If the fee is not guaranteed by counsel, counsel should collect a $400.00 deposit from their respective clients and confirm in writing to the mediator that the deposit is available 3 business days before the scheduled mediation. If a party is not represented by counsel and is appearing pro se then the pro se party or parties shall deposit $400 (per pro se party) and deliver said amount to the mediator five (5) business days before the scheduled mediation. 12. Mediation Disposition Report. Pursuant to Rule 1.730 Florida Rules of Civil Procedure the mediator shall report the parties reached agreement or did not reach agreement and/or may report matters referenced in Rule 1.730(a). 13 Communication with Mediator. Communication with the Mediator may be directed to: Charles B. Carter, Esquire Carter & Drylie, P.A. ¢ The Resolution Center 4719 NW 53rd Avenue, Suite A e Gainesville, FL 32653 Telephone: (352) 381-9991¢ Fax No.: (352) 381-8298 E-mail: cdpa@bellsouth.net CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been filed and served via the E-Portal System this 6th day of July 2016: Paul Brockway, Esq. and Chobee Ebbets, Esq. at their designated service email addresses. THE RESOLUTION CENTER s/ Charles B. Carter CHARLES B. CARTER Certified Circuit Civil Mediator & Arbitrator 4719 NW 53rd Avenue, Suite A Gainesville, FL 32653 Telephone: (352) 381-9991 Fax No.: (352) 381-8298 Certification No. 18072CR FL Bar No. 281840 DIRECTIONS TO THE RESOLUTION CENTER (CARTER & DRYLIE, P.A.) 4719 NW 538? AVENUE, SUITE A GAINESVILLE, FL 32653 (352) 381-9991 From Jacksonville: Take I-10 West to Baldwin. Take 301 South to Starke; continue South through Waldo. (Do NOT speed in Waldo city limits). Veer right off 301 to S.R. 24 (just before overpass). Continue South from Waldo towards Gainesville on S.R. 24. Turn right (West) at traffic signal at NE 53"! Avenue. (If you see airport on your left you have gone too far). Continue on 53™ Avenue approximately 5 miles to traffic signal at NW 43" Street. Continue through intersection (West 200 yards and turn left into rear shopping center (Publix) entrance. After 15 yards, turn right into traffic circle for Bristol Park. . From Li it I-75): Exit #390 off I-75 (NW 39" Avenue). Go East on NW 39" Avenue approximately 4 miles to NW 43" Street traffic signal. 3. Turn left (North) onto NW 43" Street. Go 1 mile to second traffic signal at NW 53™ Avenue. 4 Turn left (West) onto NW 53" Avenue (McDonalds/Publix Shopping Center on left). 5: Go West on NW 53 Avenue 200 yards, turn left into rear shopping center entrance. 6. After 15 yards, turn right into traffic circle for Bristol Park.