Florida Banking April/May 2025

FLORIDA BAR CALLS FOR VOLUNTEER ARBITRATORS AND MEDIATORS

BY KENDALL SPENCER, THE SPENCER GROUP

F orida bankers historically have been the most community-focused individuals in the cities and towns across our great state. Individuals and businesses have respected and placed their trust in the banks and the bankers they represent since the first bank, The Bank of Florida in Tallahassee, was chartered in 1828. Florida bankers have been, and are, integral to fostering financial stability and growth within our communities, ultimately contributing to their overall well-being and prosperity by providing financial services, economic growth, investment in community projects, financial education, risk management and support during economic downturns and emergencies. It is also well recognized that Florida’s banks and bankers are the most volunteer-minded in the communities we serve. You and I have personally volunteered and served, contributing thousands of hours in dozens of organizations and projects during our professional banking careers. It is with this in mind that I want to make you aware of one of the most rewarding volunteer opportunities I have experienced and would ask you to strongly consider. Fifteen years ago, I was nominated to serve as a non-lawyer on the North Florida Bar Association’s Grievance Committee, on which I served for six years until I termed out. I was then offered the opportunity to serve as a non-lawyer on the Florida Bar Association’s Fee Arbitration and Mediation Program, on which I currently serve. This program, established in 2004 and regulated by The Florida Bar, offers attorneys and former clients the means by which to resolve fee disputes outside of the civil court system. Because the services are free, the Bar must seek volunteer mediators and arbitrators. The Florida Bar is seeking volunteer arbitrators and mediators throughout the state for the Grievance Mediation and Fee Arbitration programs. In particular, these programs are seeking non-lawyer arbitrators willing to serve on three-person panels, usually consisting of two Florida Bar attorneys and a non lawyer volunteer. Bankers are particularly qualified to

serve as non-lawyer volunteers through our financial expertise, risk assessment and negotiation skills in mediating disputes. Since the pandemic, most arbitration hearings and mediation conferences are conducted via on-line platforms. Volunteer mediators and arbitrators schedule the cases on dates and times convenient to their schedules. Volunteers are asked to commit to taking two arbitrations per year. I have found a bankers’ understanding, and perspective can be extremely helpful in providing a fair outcome. (And to be clear, I have never taken part in a case that involved one of the bank’s customers). While acting as neutral participants, the panel is presented with the facts and weighs the evidence while deciding the credibility of witnesses. The hearing is concluded once both parties have no further evidence to present; the panel then renders a decision or takes the matter under advisement, followed by a written decision. Most mediations and arbitrations are completed in a few hours or less and offer a win-win-win scenario: members of the public gain confidence their dispute is being addressed by a fair, independent neutral party; attorneys get a resolution with a former client in a forum that is not in a public setting with court filings and accusations filed against them in the public domain; and program volunteers get to provide a valuable public service. As a banker, you receive many benefits as a program volunteer, including professional growth, network expansion and community impact – and you will be providing an important and valuable service to both parties involved, and to The Florida Bar. If you or anyone you know may be interested in becoming approved as an arbitrator and/or mediator under The Florida Bar’s Arbitration and Mediation Programs, I encourage you to visit the Florida Bar Association website at floridabar.org (click on About the Bar/Committees/Standing Committees/Grievance Mediation & Fee Arbitration); email Susan Austin at saustin@floridabar.org; or call Shanell Schuyler, Director Florida Bar, AC/AP Intake, at (850) 561-5647.

22 — FLORIDA BANKING THE VOICE OF FLORIDA BANKING