Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law

Hello! I went to a mediation in a dental malpractice suit.

Customer Question
As Plaintiffs, we offered a...
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
Show More
Show Less
Ask Your Own Business Law Question
Answered in 5 minutes by:
6/2/2011
Business Lawyer: Law Educator, Esq., Attorney replied 6 years ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 119,543
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
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).


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Ask Your Own Business Law Question
Customer reply 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.

 

 

 

Business Lawyer: Law Educator, Esq., Attorney 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.
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 119,543
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
Law Educator, Esq. and 87 other Business Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 119,543
119,543 Satisfied Customers
Experience: All corporate law, including non-profits and charitable fraternal organizations.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,793 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

742 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

640 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

564 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
A settlement has been reached between the parties. The party
a settlement has been reached between the parties. The party to whom the payment was to be made, did not submit W9 info for some time, thinking it was not necessary. For how long after reaching the se… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
742 satisfied customers
DOES THE FACT THAT A FLORIDA SETTLEMENT AGREEMENT WHICH
DOES THE FACT THAT A FLORIDA SETTLEMENT AGREEMENT WHICH LACKS A WAIVER OF CALIFORNIA CIVIL CODE § 1542 INVALIDATE THE RELEASE WITH THE CALIFORNIA PARTY IN A FLORIDA STATE COURT PROCEEDING?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
I am going to file the motion to amend settlement agreement
I am going to file the motion to amend settlement agreement since the original agreement which was made in the Court had one article said that the number of principal balance needs to be negotiated du… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
In a divorce settlement, the my former wife kept the house
In a divorce settlement, the my former wife kept the house and I remained on the deed in order to secure the mortgage. If the house ever sold, part of the agreement was that 20% of the sales proceeds … read more
Ely
Ely
Attorney
Juris Doctor
564 satisfied customers
I received an email from and Pham looking for a settlement
I received an email from Johnson and Pham looking for a settlement for items I sold on eBay (P90X dvd). According to them, they suit me. They are suiting from California and I live in Texas.… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,685 satisfied customers
I have a default judgement on a settlement agreement that
i have a default judgement on a settlement agreement that was 50% paid. In a separate case for the same debt he is sewing my girlfriend for fraudulent conveyance. My question is if i pay him on the de… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
In 2008 i entered into a settlement agreement for 225k. I
in 2008 i entered into a settlement agreement for 225k. I managed to pay 110k and a default was entered against me. in the renewal of judgment he states that he go 1300 bucks in connection withe the j… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,793 satisfied customers
Second opinion] I just received as plaintiff a Settlement
Second opinion] I just received as plaintiff a Settlement and Release agreement from a company, a Bank in PA, to sign for a substantial amount of money to be rewarded to me. The case was Complaint, co… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I just received as plaintiff a Settlement and Release
I just received as plaintiff a Settlement and Release agreement from a company, a Bank in PA, to sign for a substantial amount of money to be rewarded to me. The case was Complaint, contract other unf… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
742 satisfied customers
Tobacco master settlement .how i can get it .i was a smoker
tobacco master settlement .how i can get it .i was a smoker for over 30 years … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,543 satisfied customers
Product liability: Tobacco Master Settlement Agreement
product liability: Tobacco Master Settlement Agreement (MSA). How does one join a settlement group in a state?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,543 satisfied customers
Im trying to obtain a settlement from a guy without going
im trying to obtain a settlement from a guy without going legal at all on him as I am not wealthy.. I can embarass him with evidence however, including a tape recorded rant which would likely make his… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I received an email from and Pham looking for a settlement
I received an email from Johnson and Pham looking for a settlement for items I sold on eBay (P90X dvd). According to them, they suit me. They are suiting from California and I live in Texas.… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
Can a settlement that is in your favor be distributed from
Can a settlement that is in your favor be distributed from your attorney's escrow to someone other than yourself? Meaning, can you win a case, the defendant pay your attorney the awarded amount, and t… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
I heard if settlement agreement contains clauses that both
I heard if settlement agreement contains clauses that both parties not to initiate any legal action against each other for things contained in the lawsuit, neither party can provide evidences in that … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
Questions about signing a settlement agreement... My husband
Questions about signing a settlement agreement...Hello…My husband is the owner of a sole member LLC. We have worked with an accountant since the end of 2014. We pay him a monthly fee, that we have rec… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,685 satisfied customers
A national insurance carrier offered a lump-sum settlement
A national insurance carrier offered a lump-sum settlement to end a lifetime of disability income. The written settlement agreement is 12 pages long and requires that I retain a lawyer before I accept… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can you please review currently settlement agreement and
Can you please review currently settlement agreement and highlight any clauses that could potentially do harm to the company?… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x