Trial Attorneys
West Palm Beach
Recent Developments
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Recent Developments with the Law
FLORIDA has adopted a new rule change regarding
MEDIATIONS that will take effect January 1, 2012 ( Click the following
link to view the PDF file... )
Rules of Civil
Procedure - Amendment - Mediation Procedures
The rule change more specifically sets forth who must be present at
mediations and what "full authority" means.
The persons who must be present are the following:
1.) the PARTY or a PARTY'S Representative with full authority to settle
AND
2.) Counsel of Record (this typically means the lawyer to try the case)
AND
3.) Insurance Representative with full authority in an amount of pltf's
last demand or policy limits (whichever is less) (and without further
consultation). (Note: the Party's representative can now usually be
the insurance adjuster).
A party's representative is defined as the one who can enter into a
binding settlement agreement on behalf of the Party. The new Rule also
states, however, that the representative is, of course, not required to
enter into a settlement.
Finally, the new Rule change requires that the names of the individuals
(ie adjuster) who will attend the mediation to be disclosed and to
certify that the attending representative has "full authority" to
resolve the case. This must be done in writing at least 10 days before
the mediation date.
For more specific questions about these or other matters, please
contact
us.
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