Mediation

Our attorneys routinely attend mediations on behalf of clients, which are court ordered in almost every case. Our presentations and negotiation strategies are designed to place our clients in the best position to obtain successful settlements and to minimize potential liability exposure and legal expense.

The firm has an experienced Supreme Court Certified Mediator available to mediate all civil matters and workers’ compensation claims.  The Mediator is qualified and available to mediate civil and workers’ compensation matters at the appellate level. Our Mediator is also available to mediate cases in all Florida jurisdictions.

 

Supreme Court Ruling

A new ruling has been handed down by the Florida Supreme Court regarding mediations.

As the ruling indicates, unless the parties stipulate otherwise, the following will be required at mediations:

  1. A representative of the Party (the insured) must be present;
  2. A claims representative with authority up to the policy limits or the last demand must be present and be able to act without consultation;
  3. A written notice must be filed 10 days before the mediation regarding who will be attending and certifying that they have full authority to act.

In light of this ruling, we believe that these new requirements should be discussed as soon as possible. Wherever feasible, we would recommend that counsel reach a stipulation with opposing counsel to waive some of these requirements, to the extent permitted.

Our attorneys would be happy to discuss this matter further as to how it may impact the way we conduct future mediations. Please call us at your convenience.