Robert A. "Bob" Cole
Florida mediator Bob Cole
gave a presentation titled "Post-Settlement Agreement Issues: What Mediators Need to Know" at a National Business Institute seminar in Jacksonville earlier this month.
The seminar, "Mediation in Florida: Keys to Effective Settlement Negotiations
," was designed to teach techniques for attorneys, paralegals, mediators, arbitrators and other neutrals in order to build their settlement skills. It featured a faculty of veteran mediators and attorneys and offered 7 credits of Continuing Legal Education and 7.20 credits of Continuing Mediation Education through The Florida Bar. Listening to a recording, which is now available at nbi-sems.com/Details.aspx/R-70729CM
, also makes attorneys and mediators eligible for the same credit.
Bob's presentation discussed these topics under the heading of post-mediation services as ways a deal could "blow up" after the signing of the mediated settlement agreement:
- Court approval
- Government approval
- "What if a survivor or estate beneficiary disagrees with allocation or split proposed by personal representative?"
- "What if the parties can’t agree on release language?"
- "What if the parties need assistance in negotiating medical liens and/or other subrogation claims?"
His talk also addressed the following elements of the mediation process, classified as mediator liability and in answer to the question "What if a mediation participant (attorney or party) makes a claim for legal malpractice against the mediator?":
- Engagement letter
- Mediation sign-in sheet
- Mediation settlement agreement
- Notice/waiver required by mediator professional liability insurance policy