Melvia Green's judicial career began in 1987 when she was appointed to serve on the County Court of the Eleventh Judicial Circuit of Florida in Miami-Dade County by the then-Governor of the State of Florida, after nine years of practice as an attorney. At the time, she was only the second African-American female to serve on any County Court (or other court) in the State of Florida. In 1989, the Governor of the State of Florida elevated her to the Circuit Court of the Eleventh Judicial Circuit in Miami-Dade County. As a result of this appointment, she became Florida's first African-American female Circuit Court Judge.
In 1994, she was elevated by the then-Governor of the State of Florida to serve as a District Judge on Florida's Third District Court of Appeal, whose territorial jurisdiction encompasses both Miami-Dade and Monroe Counties. She became the first (and still only) African-American female judge to serve on this Court. During her tenure as a District Judge, she authored approximately 1,000 published legal opinions. She served as a District Judge on this Court for fifteen years until her retirement from the judiciary in 2009. We asked her how her expertise informs her approach on the American Arbitration Association® Judicial Panel.
Q. What motivated you to transition from the bench to arbitration and/or mediation work, and how did you become connected with the AAA?
In July 2007, I attended a Bar Conference in Atlanta, GA, where the AAA hosted a recruitment seminar on the arbitration process and how to become a member of the AAA Roster. The AAA presenter collected the business cards of all attendees of that seminar and, approximately five months later, I received a telephone call from the then Miami AAA Vice President, who invited me for an interview. During this interview, I discussed my upcoming plans to retire from the judiciary and utilize my decision-making skills in a different forum such as arbitration. Upon my retirement from the judiciary, I applied to join the AAA Roster and was accepted.
Q. What do you value most about serving as a neutral with the AAA?
For the past 17 years, I have thoroughly enjoyed meeting and collaborating with outstanding attorneys from around the country for the resolution of challenging, interesting, and, sometimes, novel issues in the arbitration proceedings. As a result, my knowledge of the operations of various industries has been greatly enhanced.
Q. How has your experience as a judge shaped your approach to ADR proceedings?
Florida trial and appellate judges operate under certain Florida Supreme Court suggested guidelines for the timely resolution and disposition of cases. As an arbitrator, I have remained cognizant of the need and goal of avoiding undue delays in arbitration proceedings. One of the reasons that parties opt for arbitration is to avoid long, protracted, and costly legal proceedings.
Q. What motivated you to transition from the bench to arbitration and/or mediation work, and how did you become connected with the AAA?
In July 2007, I attended a Bar Conference in Atlanta, GA, where the AAA hosted a recruitment seminar on the arbitration process and how to become a member of the AAA Roster. The AAA presenter collected the business cards of all attendees of that seminar and, approximately five months later, I received a telephone call from the then Miami AAA Vice President, who invited me for an interview. During this interview, I discussed my upcoming plans to retire from the judiciary and utilize my decision-making skills in a different forum such as arbitration. Upon my retirement from the judiciary, I applied to join the AAA Roster and was accepted.
Q. What do you value most about serving as a neutral with the AAA?
For the past 17 years, I have thoroughly enjoyed meeting and collaborating with outstanding attorneys from around the country for the resolution of challenging, interesting, and, sometimes, novel issues in the arbitration proceedings. As a result, my knowledge of the operations of various industries has been greatly enhanced.
Q. How has your experience as a judge shaped your approach to ADR proceedings?
Florida trial and appellate judges operate under certain Florida Supreme Court suggested guidelines for the timely resolution and disposition of cases. As an arbitrator, I have remained cognizant of the need and goal of avoiding undue delays in arbitration proceedings. One of the reasons that parties opt for arbitration is to avoid long, protracted, and costly legal proceedings.
Q. How do you approach case management in arbitration or mediation, and what strategies do you use to keep the process fair, efficient, and focused?
Effective case management begins at the Preliminary Hearing stage. In advance of the scheduled Preliminary Hearing, I generally direct counsel for the parties to confer in an effort to agree to as many pre-hearing matters as possible. It has been my experience that, when the attorneys are able to agree to most pre¬- hearing matters (e.g., discovery matters, dispositive motion briefing schedules, etc.), there are fewer protracted and costly pre-hearing disputes. Other strategies that I employ to keep the process fair, efficient, and focused include requiring the parties to confer about all proposed motions prior to their filing; setting a strict deadline for The filing of any discovery motion to avoid the possibility of a delay in the commencement of the final hearing; and, for protracted Large Complex Cases, scheduling regular status conferences to address any matters or issues which might serve to derail the scheduled final hearing dates. Finally, as the rules of evidence do not strictly apply to arbitration proceedings, I inform the parties in advance of the final hearing that I generally permit almost all evidence presented by each party for consideration and allow it to go to the weight, if any, that I decide to ascribe to it. By doing this, I have noticed that I rarely have to entertain objections during the course of the final hearing.
Q. What advice would you give to advocates or parties preparing for arbitration or mediation?
Every arbitration case essentially involves a story about an event (or course of events) that the Claimant alleges to have gone awry between the parties. Counsel for the parties (or the parties themselves) should prepare for the case by initially developing a coherent theory or theme about what has allegedly transpired or gone wrong. Each witness or piece of documentary evidence presented to the arbitrator at the final hearing should logically support or shed light on the theme or theory developed by the attorney or party to the case. Preparation is the key to every successful arbitration proceeding, and there is no substitute for it.
Q. Which skills or qualities do you believe are most essential for a successful neutral, and how have you cultivated them?
A successful neutral must have the ability to set aside any preconceived notions about an issue, party, and/or counsel, remain an active listener, and have the discipline to await the presentation of all arguments, briefs, and evidence prior to the rendition of any decision. Over the years as both a judge and arbitrator, I have learned to always afford both parties with the opportunity to adequately respond to any pre-hearing, hearing, or post-hearing matter prior to my deliberations on the same. I have found that litigants (particularly pro se litigant) can accept adverse decisions as long as they believe that their positions have been duly heard and considered by the neutral.