1. YOUR CLIENT WANTS THEIR DAY IN COURT

   Comment: Your client has expressed real anger and/or hurt. They feel that they have been violated and want a "legal process" to render judgement. You believe that a court battle is not in your client's best interest and that they do not fully understand what it entails.

2. THE CASE INVOLVES A HIGH LEVEL OF EMOTIONAL RESPONSE FROM YOUR CLIENT

   Comment: The case could, in and of itself, elicit many deep emotions from your client. Examples include: wrongful death, scarring, injuries to a minor, etc. You believe that these emotions are so intense that your client would benefit from additional assistance. Your client has "unfinished business" with this case and a real need to work these issues out in an open forum.

   or

   The client, in your estimation, might be "over reacting" to a situation that does not seem to warrant such strong emotion. Again, you believe that additional assistance would be useful.

3. YOUR CLIENT IS INDECISIVE

   Comment: You have relayed an offer but your client cannot make a decision without checking with a spouse, relatives, friends, etc. Your client may be getting mixed messages and/or uninformed opinions, resulting in their confusion and indecision. settlement.

   You might have noticed early on that your client was not the decision maker and you would like to draw the real decision maker into the negotiation; third hand information between your client and the "decision maker" can be problematic at best.

4. YOUR CLIENT IS RESTLESS
   Comment: The traditional one on one negotiation is too lengthy, it does not properly address your client's immediate needs. Reasons include:
   • pending bills and limited funds.
   • personal or professional issues that cause your client to relocate to another state or out of the country; litigation, therefore, will be expensive or impossible.
   • illness or age.
   • lack of familiarity with the traditional negotiation process and unable or unwilling to accept the time it takes to settle a case.

5. YOU BELIEVE THE IMPACT ON YOUR CLIENT'S LIFESTYLE IS MORE SERIOUS THAN THE ADJUSTER HAS DETERMINED

   Comment: Many times your client is more comfortable with you and better able to relay the impact of the injury on their lifestyle in the comfort of your office than they relayed during the statement taken by the carrier or during a deposition. The documentation that you have put together might likewise not reflect the severity that a jury might perceive.

6. YOUR CLIENT IS UNREALISTIC

   Comment: Oftentimes a client has a preconceived or "ill conceived" notions as to what their injury is worth. They might have an acquaintance who received a large settlement for a similar type of injury and even though there are substantial though subtle differences between the two cases, your client will not accept the explanation.

1. YOU WOULD LIKE CONVENIENT ACCESS TO THE CLAIMS SUPERVISOR IF ADDITIONAL AUTHORITY IS WARRANTED

   Comment: New factors effecting case evaluation can result when the carrier has an opportunity to interact with you and your client during a mediation. When the Mediation Day is conducted at the carrier's office the managers are available in the building to meet with you, your client, the adjuster and the mediator.

2. YOU WANT TO PARTICIPATE IN A PRE-SUIT OR EARLY IN-SUIT MEDIATION BUT WANT TO ACCESS A "PROGRAM COMMITMENT" ENVIRONMENT FOR THIS MEDIATION

   Comment: In order for Florida Mediation Group to organize a Mediation Day program at an insurance carrier, there are a whole series of decisions involving different levels of decision makers that are coordinated. Mediation Day involves, by definition, a great deal of "managerial attention". The management of the insurance company is committed to these days and wants them to work. When you mediate a case within this environment, your case benefits from this over-all program commitment.

3. YOU WANT TO GUARANTEE A SPECIFIC SCHEDULE OR TIME SLOT FOR THE MEDIATION

   Comment: The format of a Mediation Day is structured so that all parties know when their slot begins and ends. They are also aware that other settlement conferences are being conducted that day. The format of the day therefore encourages people to "get" and "stick" to the salient points. Attorneys can schedule their day around the mediation, knowing that they will not get caught in a mediation that might "run over".

   also

   Without this "format pressure" it is left to the mediator or one of the parties to point out the "ramblings" of the others. The initiator in these instances could alienate the others and jeopardize the mediation.

4. YOU BELIEVE YOUR CLIENT WILL BENEFIT FROM A MEDIATION BUT THE COST POSES A PROBLEM

   Comment: Mediation Days provide a flat and discounted rate per case. You can quote a set figure to your client and it will generally be less than most other litigation costs, including filing fees.

5. YOU WOULD LIKE TO MEDIATE MORE THAN ONE CASE PER DAY

   Comment: While at the carrier for a Mediation Day there is no reason why you could not do more than one case. Florida Mediation Group can "batch" a group of your cases on one day or a series of days at a specific carrier. We do all the scheduling and coordination and you and your clients are given a notice for each of the time slots.

6. YOU WOULD LIKE TO MEDIATE THE CASE BUT THE INSURANCE ADJUSTER HAS BEEN LESS THAT RECEPTIVE TO YOUR OFFER OF MEDIATION

   Comment: By submitting the case to Florida Mediation Group we are able to forward it to the carrier in the context of a Mediation Day. Many times, a single of smaller case that does not warrant receptivity by the carrier will be better received in the context of a group of cases scheduled for a specific day.

7. YOU ARE FINDING IT MORE AND MORE DIFFICULT TO FIND QUALITY MEDIATORS; THE MEDIATORS OF CHOICE USUALLY ARE BOOKED AND IT IS DIFFICULT TO SCHEDULE A SINGLE MEDIATION WITH THEM

   Comment: Mediation Day provides a full day of work for a mediator. We can offer a mediator an advantageous format which enables them to block out an entire day for mediation.

1. YOU WANT TO AVOID THE RISK OF A LOSS IN COURT FOR WEAKER CASES THAT INVOLVE REAL DAMAGES.
2. YOU WANT TO SPEED UP THE TIME TO SETTLEMENT.
3. YOU WANT TO BETTER MANAGE YOUR CASELOAD.
4. YOU LIKE ADDITIONAL SETTLEMENT "ENVIRONMENTS".
5. YOU WANT TO REDUCE THE "OVER-HEAD" COSTS IN YOUR OFFICE.
6. YOU WANT HELP IN EDUCATING OR SERVICING YOUR CLIENT.

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