Case Name:_____________________ Claim #:_______________________
Client/Insured:_________________________________________________
Reviewed for Mediation by:_______________________________________
Date(s) reviewed (review every 90 days):____________________________
Does the case have any of the following characteristics? If so, put a "check" in the appropriate boxes:
___ 1. IT HAS BEEN 3 MONTHS SINCE THE PARTIES DISCUSSED SETTLEMENT; OR THE CASE IS OVER 2 YEARS OLD.
COMMENT: The longer a case goes on, the more expenses it incurs; and there is also the chance that additional issues may be added. Mediation is a way to get the settlement discussions moving again. Florida Mediation Group will contact the other side and will usually be able to persuade them to participate. There is nothing to lose by trying.
___ 2. YOUR PHONE CALLS OR LETTERS TO THE OTHER SIDE GO UNANSWERED.
COMMENT: Before mediation your only option was to put the case aside and wait. When you send a case to us we will contact the other side and propose mediation. This communication from a neutral party can be more successful at getting the other side to prioratize your case.
___ 3. THE OTHER SIDE IS NOT FURNISHING YOU THE INFORMATION YOU NEED TO DISCUSS SETTLEMENT.
COMMENT: As our office discusses mediation with the other side, it is common to ask for any updated information you need. Usually it's just a matter of working out a schedule for such information to be furnished prior to the mediation session.
___ 4. YOU OR THE OTHER SIDE ARE HAVING "CLIENT CONTROL" PROBLEMS "I BELIEVE THAT YOUR SETTLEMENT FIGURE IS IN THE BALL PARK, BUT MY CLIENT (OR INSURED) WILL NEVER ACCEPT IT".
COMMENT: The mediation session is almost always attended by the clients (or insured who have a say in the settlement). the careful analysis that takes place at the mediation session is often very helpful in giving them a realistic view of the case, and it is in the client's/insured's interest to understand such issues as early as possible.
___ 5. A LAWSUIT WILL SOON BE FILED.
COMMENT: One purpose of mediation is to save litigation costs. Proposing mediation may avoid the filing of the lawsuit.
___ 6. THE CASE IS IN LITIGATION AND A SUBSTANTIAL ROUND OF DISCOVERY IS COMING UP.
COMMENT: The discovery necessary to knowledgeably discuss settlement is usually much less than that necessary to go to trial. Proposing mediation may avoid needless expense.
___ 7. THE CASE IS IN LITIGATION AND IT IS TIME TO BEGIN PREPARING FOR TRIAL.
COMMENT: Most cases settle -- many at the "courthouse steps" after the time and expense of trial preparation have been incurred. Using mediation to produce an early settlement benefits all sides. In Florida most cases are ordered to Mediation by the Judge before trial.
___ 8. THE CASE INVOLVES A LARGE NUMBER OF PARTIES, AND YOU ARE HAVING TROUBLE PUTTING TOGETHER A COMPREHENSIVE SETTLEMENT.
COMMENT: In a case like this the mediator can play a major role in simply organizing the settlement discussions. The mediator can work closely -- and confidentially -- with each side to explore settlement possibilities and put together a settlement package.
___ 9. THE CASE INVOLVES CO-DEFENDANTS OR CO-PLAINTIFFS WHO ARE UNABLE TO AGREE AMONG THEMSELVES ON SETTLEMENT POSITIONS.
COMMENT: For the same reasons that mediation works for disputes between plaintiffs and defendants, mediation can work for disagreement among parties on the same side. The mediation would proceed like any other with all participants first meeting jointly and then each meeting privately with the mediator.
___ 10. YOU ARE HANDLING NUMEROUS SIMILAR CASES.
COMMENT: You should consider mediation to pull all the parties together so that all the claims can be handled at the same time. Another approach would be to use mediation to bring about early settlement negotiations in a sample group of cases so that you can develop guidelines and strategies for resolving the remaining cases.
___ 11. THE PARTIES IN A CASE HAVE AN ONGOING RELATIONSHIP -- SUCH AS PARTNERS OR OTHER BUSINESS ASSOCIATES -- AND YOU ARE CONCERNED THAT THE DISPUTE -- PARTICULARLY LITIGATION --WILL IMPAIR THEIR ABILITY TO WORK TOGETHER IN THE FUTURE.
COMMENT: By using mediation, parties take every step possible to contain the dispute and have it resolved promptly. This helps to preserve ongoing relationships.
___ 12. A CASE'S SETTLEMENT VALUE IS LESS THAN WHAT IT WILL COST YOU TO TAKE THE CASE TO TRIAL.
COMMENT: Mediation is designed to reach fair settlements as early as possible, thereby allowing you to save litigation costs.
___ 13. YOUR NEGOTIATIONS HAVE BROKEN DOWN, AND YOU ARE GOING TO INCUR A SUBSTANTIAL AMOUNT OF EXPENSE BEFORE THE NEXT ROUND OF NEGOTIATIONS WOULD NORMALLY OCCUR.
COMMENT: Mediation gives you another possible approach to try to avoid incurring those expenses. You have little to lose by trying.
___ 14. WHILE THE STATED OFFER AND DEMANDS ARE FAR APART, YOUR EXPERIENCE TELLS YOU THAT THIS CASE WILL SETTLE.
COMMENT: Perhaps you know the attorney on the other side, or you suspect that the other side want a quick settlement. In a confidential meeting a party can give the mediator a settlement figure that will not be disclosed unless it will settle the case. This avoids the "posturing" that takes place in the usual negotiation process and enhances the possibilities of an early settlement.
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