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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116269
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Hello! I went to a mediation in a dental malpractice suit.

Resolved Question:

Hello! I went to a mediation in a dental malpractice suit. As Plaintiffs, we offered a settlement figure. The doctor argued with his insurer and walked out. There was never a figure presented to us by defendent. Does not Fl law(NNN) NNN-NNNNstate that the insured is prohibited from any right to veto or consent to a settlement offer?
2. Also, the mediator never re-entered our meeting room to offer any sort of closing or ending statement. Was he not in error in allowing the dentist to "rule" the mediation and walk out and in error by not properly addressing Plaintiff's?
Submitted: 6 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 6 years ago.
1) No it does not say that they cannot veto the offer, it says depending on what the clause in their policy states they may not be able to veto the offer.

2) When a party does not want to participate in mediation or will not participate in good faith, then the mediation is useless and the mediator will not force a party to participate. Many insurers will refuse to mediate in good faith because they believe they do better in a trial (several companies are famous for this).

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Customer: replied 6 years ago.

So, without knowing what the dentist's policy alolws, we do not know if he had the "right" to walk out or not.


Is it proper for the mediator to record the mediation as " impasse" or "case did not settle"? I understsnd impasse to mean a stalemate AFTER the hard work of back and forth mediation occured.




Expert:  Law Educator, Esq. replied 6 years ago.
1) The clauses in the FL statute refer to the rights of the insured under their policy, so they would still not apply to you.

2) The mediator will report that the other party refused to mediate. Mediation participation is not mandatory, the scheduling of mediation is. They showed up, they did not participate and they did not have to even attempt to give a counter offer, it just means they are going to force the case to go to court unless you can negotiate a settlement with their attorney between now and trial.
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