FMG's FRAMEWORK

VOLUNTARY MEDIATION PROGRAM FOR INSURANCE COMAPANIES AND PLAINTIFF ATTORNEYS; A COMPLETE DELIVERY SYSTEM MEDIATION RESOURCE NETWORK

INTRODUCTION

Court ordered mediation in Florida has been a legal fact of life since 1989. Attorneys and insurance professionals alike are conversant with the process and value it as a preferred method to settle cases in a timely and cost-saving fashion. This environment offers both the insurance industry and the plaintiffs' bar the opportunity to use mediation on a broader scale, particularly at pre-suit or early litigation stages. This greatly increases the time and cost savings to all parties.

In order to implement community, a framework for voluntary case submission along with an educational outreach to both the plaintiffs' bar and insurance industry should be provided. Florida Mediation Group (FMG) offers both.

The network developed by Florida Mediation Group provides the necessary framework for implementation of a voluntary mediation program and education outreach. Having mediated over twenty-five thousand cases and presented hundreds of workshops and seminars for insurance companies and plaintiff attorneys. F.M.G. has established itself as a professional association of talented and effective mediators as well as, expert program designers and educators in the field of alternate dispute resolution..

We deliver a complete alternative dispute settlement system that is readily accessible to both plaintiff attorneys and insurance companies alike. This system includes: education, case selection, case referral and administration. The F.M.G. system provides an analogous framework for voluntary mediation akin to court ordered mediation mandated by the Florida Supreme Court. It provides all parties with a mechanism through which they can establish procedures and a set of priorities for review and referral of cases when these cases are ripe for settlement.

The on-going educational mediation program offered by F.M.G. has two basic goals. First, it offers standards and guidelines for selection of cases which are likely to be settled through mediation. Second, it teaches participants successful case preparation and use of effective negotiation techniques and strategies.

ADVANTAGES TO UTILIZATION OF FLORIDA MEDIATION GROUP'S PRE- SUIT/VOLUNTARY MEDIATION PROGRAM:

PLAINTIFF ATTORNEY'S PERSPECTIVE

1. CASE IS PRIORITIZED BY INSURANCE REPRESENTATIVES

Each case submitted to F.M.G. by an insurance company on behalf of the plaintiff, is reviewed within a mediation program context by the company's mediation program coordinator or ad hoc review committee. In most cases we have established ourselves with the company as a useful resource and our involvement is well received.

2. PROVIDES A FORUM FOR CLIENT TO PERSONALLY MEET THE INSURANCE REPRESENTATIVES AND PARTICIPATE IN THE SETTLEMENT PROCESS.
3. PROCEDURES PROVIDE FOR EFFICIENT CASE EVALUATION AND SETTLEMENT AUTHORITY.
4. SPEEDS SETTLEMENT PROCESS - MOVES CASES.
5. PROVIDES CLIENT WITH A "DAY IN COURT" WITHOUT STRESS OF COURT APPEARANCE.
6. EDUCATES CLIENT AS TO RELATIVE STRENGTHS AND WEAKNESSES OF CASE.
7. SAVES LITIGATION COSTS.
8. PROVIDES SETTLEMENT POSSIBILITIES FOR WEAKER CASES WITH REAL DAMAGES AND AVOIDS THE RISKS OF A LOSS IN COURT.
9. PROVIDES SETTLEMENT POSSIBILITIES FOR CASES INVOLVING UNPREDICTABLE OR PROBLEMATIC PLAINTIFFS.
10. HELPS ATTORNEYS TO BETTER BUDGET THEIR TIME AND FINANCES.
11. PROVIDES AN ENVIRONMENT IN WHICH OFFERS CAN BE CONSIDERED CONFIDENTIALLY.

    ---

ADVANTAGES TO UTILIZATION OF FLORIDA MEDIATION GROUP'S PRES- SUIT/VOLUNTARY MEDIATION PROGRAM

INSURANCE COMPANY'S PERSPECTIVE

1. CASE IS PRIORITIZED BY THE PLAINTIFF ATTORNEY.

Each case submitted by F.M.G. on behalf of an insurance carrier to a plaintiff attorney, is reviewed within a mediation program context by the attorney. In most cases, the attorney is familiar with F.M.G. and many of its mediators . The attorney might have participated in a CLE course offered by F.M.G. In most cases he/she is receptive to the involvement of FMG.

2. SAVE LITIGATION COSTS.
3. HELPS ADJUSTERS AND MANAGERS EFFICIENTLY BUDGET THEIR TIME AND COMPANY ADMINISTRATIVE COSTS.
4. FREES OFFICE SUPPORT STAFF.
5. PROVIDES SAFE NEUTRAL FORUM FOR ANALYZING RISK AND DETERMINING SETTLEMENT AUTHORITY.
6. PROVIDES ASSURANCE THAT INDEMNITY DOLLARS ARE PROPERLY APPLIED.
7. PROVIDES ADJUSTER WITH ADDITIONAL OPPORTUNITY TO ESTABLISH WORKING RAPPORT WITH ATTORNEYS.
8. PROVIDES ADJUSTER WITH ADDITIONAL OPPORTUNITIES TO DEVELOP NEGOTIATION SKILLS.
9. PROVIDES MANAGER WITH AN EXCELLENT SUPERVISORY FORUM.
10. OFFERS FOR FLOATING CONFIDENTIAL SETTLEMENT FIGURES.

BLOCKS TO PROGRAM DEVELOPMENT

INSURANCE COMPANY:

1. OTHER PRIORITIES SUPERSEDE ALTERNATIVE DISPUTE RESOLUTION GOALS
2. UNFAMILIAR WITH AVAILABLE OPTIONS AND ROLE OF MEDIATION SERVICE IN COORDINATING CASES.
3. NOT CLEAR AS TO WHO MAKES DECISION TO REFER CASES TO MEDIATION.
4. UNCLEAR CRITERIA FOR SELECTING CASES.
5. LACK OF FAMILIARITY WITH PROCEDURES FOR SUBMITTING CASES TO PRE- SUIT OR VOLUNTARY MEDIATION.
6. GENERAL DISCOMFORT WITH NEW METHOD OF CASE SETTLEMENT.
7. LACK OF EXPERIENCE IN MEDIATION NEGOTIATIONS WITHOUT COUNSEL.
8. SUSPICIOUS OF PROCESS SUGGESTED BY PLAINTIFF'S ATTORNEY.
9. CONCERN THAT THE OFFER TO MEDIATE MIGHT COMPROMISE COMPANY'S POSITION AND POSTURE.
10. TIME AND COST OF MEDIATION.

PLAINTIFF ATTORNEY:

1. BELIEF THAT MEDIATION IS LIMITED TO COURT ORDERS OR WHEN CASES ARE IN LITIGATION.
2. UNFAMILIAR WITH AVAILABLE OPTIONS AND ROLE OF MEDIATION SERVICE IN COORDINATING CASES.
3. UNFAMILIAR WITH CRITERIA FOR SUBMITTING CASES TO PRE-SUIT OR VOLUNTARY MEDIATION.
4. UNFAMILIAR WITH PROCEDURES FOR SUBMITTING CASES TO PRE-SUIT OR VOLUNTARY MEDIATION.
5. UNCLEAR AS TO ADVANTAGES OF USING PRE-SUIT OR VOLUNTARY MEDIATION.
6. SUSPICIOUS OF PROCESS INITIATED BY INSURANCE COMPANY.
7. CONCERN THAT OFFER TO MEDIATE MIGHT COMPROMISE CLIENTS' POSITION AND POSTURE.

FLORIDA MEDIATION GROUP: A LOCAL COMMUNITY RESOURCE NETWORK

Specific programs designed by F.M.G. have been implemented in plaintiff firms and insurance companies throughout the state. We have proven that the COMMUNITY RESOURCE NETWORK we provide addresses these "blocks" to program development. By working with EACH party within the case settlement loop, we provide a complete dispute resolution system.

FOR BOTH INSURANCE COMPANIES AND PLAINTIFF FIRMS WE PROVIDE:

SPECIFIC AND TAILORED SEMINARS/WORKSHOPS FOR ON-GOING TRAINING

STANDARDS FOR SELECTION OF CASES

PROCEDURES FOR REFERRAL OF CASES

NEUTRAL MECHANISMS FOR RELAYING INTERESTS AND OFFERS TO MEDIATION BETWEEN OPPOSING PARTIES

PROFESSIONAL ASSOCIATION OF MEDIATORS

QUALITY CONTROL FOR MEDIATORS AND MEDIATION PROCESS

ADMINISTRATIVE CAPABILITIES THAT FACILITATE OUR ABILITY TO ENCOURAGE PARTICIPATION AND COORDINATE MEDIATION

MEDIATED SETTLEMENT DAY: A UNIQUE PRODUCT OF FLORIDA MEDIATION GROUP'S MEDIATION RESOURCE NETWORK

When an insurance company or plaintiff firm relays groups of cases, we are able to "batch" the scheduled mediation in one geographic area on one date.

For example: adjusters and attorney are negotiating or litigating a number of cases during the same time period. When these cases are submitted to F.M.G., whether pre-suit or at various stages of litigation, we are able to coordinate a day or more of mediation far enough in advance to give the parties enough time to complete necessary work on the case yet early enough to take advantage of the time and cost savings factors involved in a mediation program.

We can provide MEDIATED SETTLEMENT DAYS in which three or four cases are mediated in scheduled intervals throughout the day with one assigned mediator. We can coordinate other concurrent sessions with additional mediators.

ADVANTAGES:

• DISCOUNTED MEDIATION FEES FOR MULTIPLE CASES.
• MAXIMIZES EFFICIENT USE OF TIME FOR ALL PARTIES.
• LIMITED TIME FRAMES ENCOURAGE BREVITY AND EFFICIENCY.
• EFFECTIVE SOUNDING BOARD FOR ANALYZING GROUPS OF CASE.
• ONE PHONE CALL TO SET GROUPS OF CASES.
• EFFECTIVE ENVIRONMENT FOR ENCOURAGING SETTLEMENT.
• CONCRETE VEHICLE FOR DECISION MAKING.
• EXTRA PRELIMINARY PREPARATION OF CASES BY BOTH SIDES.
• MANAGERS AND SUPERVISORS ARE AVAILABLE.