An Open Letter to Judges in Florida: Why Non-Binding Arbitration Stinks and the Role of Early Mediation in Dispute Resolution

The passage of the Florida Mediation Confidentiality and Privilege Act in 1985 (§44.401 et. seq.) and the adoption of new rules of civil procedure in 1987 governing mediation changed the landscape of dispute resolution in Florida. Mediation became a fixture in the dispute resolution process following legislative action and then judicial implementation. However, over the […]

Special Problems in Settling Professional Liability Claims

In the context of mediation and settlement, professional liability claims present some challenges that warrant special consideration. Most professional liability policies contain settlement control clauses. Such clauses require the consent of the insured to settle, and if consent is withheld there are potential costs and exposures presented to the insured for failing to accept a […]