FOR: INSURANCE COMPANY X

PLEASE NOTE: THIS PROPOSAL IS DESIGNED FOR AN INSURANCE COMPANY. IT COULD BE ADAPTED TO A LAW FIRM, BUSINESS ENTITY OR GOVERNMENTAL AGENCY.

BY: FLORIDA MEDIATION GROUP

Mediated Settlement Day (MSD) maximizes time and provides an advantageous and economically feasible mediation format for all parties.

         STANDARDS OF THIS PROGRAM INCLUDE:

1. Quality Control of Mediators - With FMG as the coordinating resource, all feedback regarding mediators, both positive and negative are effectively and discretely handled. All parties are given the opportunity of choosing an appropriate mediator from the panel of mediators. As experience with FMG mediators increases each party becomes increasingly efficient at choosing an appropriate mediator. FMG has developed a good reputation of recruiting professional and effective mediators. The panel provides a broad array of mediator styles and approaches from which to choose.
2. Administrative Efficiency - Mediations are pre-arranged by FMG. Upon receipt of referrals. FMG does all administration necessary to set mediation including: gaining agreement from all parties for FMG to coordinate the mediation, assisting parties in choosing a date and time for mediation, noticing each party, and filing appropriate mediation documents with the court (for in-suit).

            Once we have scheduled groups of cases on a specific date and at a specific location, we notice all parties and inofrm them as to date, time and place of their specific mediation,

            Many plaintiff attorneys and their clients are accustomed to attending pre-suit mediation MSD's for other carriers. They understand that time efficiency is important to insurance carriers and that the MSD offers a format at which their individual case will receive a fair hearing. Each case is mediated by a professional and highly experienced mediator.

            Examples of MSD programs coordinated by FMG include: (A) Mediation weeks for Home Insurance in South Florida; management and adjusters from Atlanta and New York spend one full week in south Florida mediating in-suit cases with their house and outside counsel (B) mediation days for Oak Casualty Insurance in Tampa and South Florida (C) Mediated settlement days for Bankers Insurance in south Florida (D) Mediated Settlement Days for Allstate's commercial division - Northbrook. (E) Mediated Settlement Days for ITT Hartford in Tampa and Orlando.         

3. MSD format - Each party involved in the mediation receives a notice informing them of the date time and place. Two-Three cases are scheduled though out the day with specific times at the same location with the same mediator. The cases are scheduled back to back.

         ADVANTAGES

1. Time:

            (a) Travel time - Each manager and/or adjuster does not have to travel to mediation but rather can remain in their office if it can be held at an office of Insurance Company X. During the separate caucus the mediator conducts with the claimant and their attorney, adjusters can return to their desks and do other work (just a suggestion).

            Note: If we include in-suit work it is possible that one defense attorney who has two or more cases with one adjuster would be able to do more than one case on a single trip.

            Certainly, litigation adjusters would benefit from groups of cases. Their travel time, to and from mediations, would be greatly reduced.

            MSD's can consist of pre and in-suit cases. More than one MSD can be held simultaneously if there is room at the claims office. They can also be held at our Miami, Ft. Lauderdale, or Tampa office. The defense or plaintiff's counsel office can also be used.

            - WE FOLLOW WHATEVER DIRECTIONS YOU GIVE US.

            (b) Mediation time - Since each mediation is scheduled back to back with a two hour maximum, there is less of an opportunity for any party to cause the mediation to go longer than the schedule provides. Any party, therefore, can use the schedule as an available tool, when appropriate, to move the case along, including the mediator.

            There will be random exceptions, however, in which a case scheduled for two hours in A MSD format needs more time. Our mediators are equipped to handle those exceptions. We can have mediators on "stand-by" who will, when necessary, fill in for these exceptions. Our administrative staff is equipped to handle these emergencies. No case will go uncovered.

            Note: When setting the mediation, each side is advised that the case will be scheduled for two hours and that it is part of a MSD. If any side advises us that a case needs more than a two hour slot we will inform the other side and with agreement, set it separately outside of a MSD format. We can also create a MSD where one case is scheduled for half a day with another less timely case scheduled the same day.

2. Educational Outreach - FMG provides educational formats for both the bar and the insurance industry.

            We offer CLE's free of charge at law firms. We arrange for a panel of mediators to present the CLE (brochure included). The packet we distribute contains relevant Florida and federal mediation laws and rules; mediation case law; tips on preparation for, and presentation, at mediation; articles on mediation, and a primer on the internet for Florida legal researchers. The attorneys receive two credits (one ethics).

            The CLE provides FMG, amongst other things, with an opportunity to explain various programs, including the MSD. We give this CLE to both plaintiff and defense firms. We have presented this CLE to many firms throughout Florida. In South Florida we have given the course to firms like Greenberg Traurig, Shutts & Bowen, Thorton Davis et. al., Amlong & Amlong, Krupnick & Cambell, Broad & Cassel, Nicklaus, Valle, Parenti & Falk , Zuckerman Spaeder. We recently presented to the annual meeting of the National Hispanic Bar Association held in Miami. In Tampa we have given CLE's to McFarlane Furgeson, Butler Burnette & Papas, Kevin Korth & Assoicates We have also given the course to the E.E.O.C., Broward County Trial Lawyers Association, and the Miami Beach Bar Association..

            We also meet with managing attorneys and/or associates and explain the concept outside of a CLE format. We have, for example, met with firms like: Tim Anderson & Associates; Perenich & Carroll, Mulholland & Associates, Kinney, Fernandez & Boire, Joyce & Reyes, Wagner, Vaughn & McLaughlin, Cunningham Law Group, Carey & Florin just to name a few.

            All carriers benefit from these meetings since it increases the receptivity of the plaintiff bar to the MSD model. The model is not limited to ITT Hartford, Oak Casualty, Home Insurance or any other carrier but is a concept that it applicable to the entire insurance industry. The more FMG succeeds in gaining the respect of the plaintiff bar, the better it is for the carriers who utilize our services.

            FMG also provides training sessions specifically designed for insurance professionals (outline included). We provide "mock mediation" sessions and use these as training devices. We also use these sessions as an opportunity to encourage pre-suit mediation and explain the MSD concept. Our popular video tape depicts a pre-suit mediation at which the adjuster negotiates directly with plaintiff attorney and client. The defense attorney is a "phone call" away.

3. Computer Generated Reports - They include:

   (A) Schedule - a list of all scheduled mediations sorted by insurance adjuster, superintendent, defense counsel and plaintiff counsel. We can fax a report to whomever the carrier directs a report be sent. That means that individual adjusters, managers, superintendents, and counsel can see at a glance all the mediation activitiy.

   (B) Status - The results of FMG's success in gaining agreement from plaintiff attorney for FMG to coordinate mediation. We also list the most current information the plaintiff attorney relayed to us regarding his/her readiness to mediate. This may include documents and/or medical reports as well as a current personal situations involving the client that may effect readiness to mediate.

   (C) Disposition - The results of each mediation i.e., settled, settled post mediation, continued, or impassed.

   Our sophisticated computer system allows us to tailor reports according to your direction.

4. Web-site - Our recently developed web-site contains its own search engine that assists in identifying a mediator's background, expertise and accomplishments. We also provide links to search engines that help parties navigate the internet for available web-sites on Florida and federal law. I have included the web-site home page, and the law link page for your review. We also distribute a useful primer on the internet for Florida legal researchers (copy included).

         CASE REFERRAL

1. For pre-suit cases: Adjusters and/or the unit managers would identify pre-suit cases. They can fill out a referral form (copy included) or call the FMG office with pertinent information.

   Case name
   Claim number
   Adjuster
   Superintendent
   Plaintiff attorney name, telephone number and address.

   note: Our data base has marked records to assist with in- take. Our case administrators can enter the case quite quickly.

2. For cases that are court ordered: The litigation unit manager and/or his designees could send us a copy of the Court Order and service record. We would enter these cases into our data base with information including: Style of Case
   Court Number
   Claim Number
   Adjuster
   Superintendent
   Defense counsel
   Plaintiff attorney name, telephone number and address.

   note: Our data base and marked records could likewise facilitate quick entry of cases.

3. For cases in suit but not yet court ordered (these are cases that an Insurance Company identifies as ready to mediate after basic discovery is completed): counsel could send us the first page of any pleading and the service record. We would enter these cases into the data base with the same information as in (2) above.

   GAINING AGREEMENT

4. FMG will contact opposing counsel and relay the offer to mediate. Most attorneys in Florida are familiar with the role FMG plays in coordinating in suit and pre-suit mediations. We receive many referrals and coordinate many programs and have set over twenty thousand mediations of pre and in-suit cases through out Florida. Our data base contains all attorneys who have mediated with us at pre-suit or in-suit stages. We can remind them or reiterate to them the cases that they have mediated with FMG and use the data base to assist in gaining their agreement to the current case we are relaying.

            Many of the mediators on our panel are well known by the plaintiff bar and highly respected. Mediation in Florda is very localized. Attorneys know the local mediators and have a list of preferred mediators. Mediator name recognizition is very important in order to gain agreement.

            If, for one reason or another, a party refuses to mediate or are not ready, we will report back to the carrier or the entity that is initiating the mediation and keep them abreast of our success to gain agreement for FMG to coordinate the mediation in an MSD format. We will also include the latest response opposing counsel gave us regarding their readiness to mediate (status report).

            Our computer soft ware includes a diarying system which provides FMG with a system whereby we can periodically re-contact plaintiff attorney to re-enquire about their readiness to mediate. Our status report, therefore, will continually be updated and you will be kept abreast of our success.

   SCHEDULING, NOTICING, FILING APPROPRIATE COURT DOCUMENTS AND REPORTING.

5. In-suit. The court order allows for ten days + five days mailing time (fifteen days total) from date the judge signs the order for parties to choose and set mediation.

            Our administrative office has established a good working relationship with the Mediation and Diversion Programs in various counties and the Clerks of the Court. Upon receipt of the orders we inform them that we are coordinating the mediation. Often times the parties do not meet the fifteen day deadline. We keep the court current on the status and they in turn let us know if the attorney's need to file an extension. We contact the attorneys and keep them abreast of the paper work they need to file with the court.

            For in-suit cases both under court order and not yet court ordered, we will file a Notice of Mediation Conference Date with the court.

            Upon completion of the in-suit mediation, the mediator will file a report with FMG. We in turn will file with the Clerk of the Court a mediator's report and settlement agreement if appropriate. For cases that impasse at mediation, the judge will not order another mediation for at least one year and generally longer.

6. Pre-suit. Once we gain agreement then we work with plaintiff and claims people and set a date, time and place. All parties receive a notice with a fee schedule.
     
7. We will routinely confirm mediations a week in advance and notify all parties. This information will assist the adjusters and/or counsel who will know in advance that they have extra time to work the file. If a case cancels after we confirmed it, we will, likewise, notify all parties. We will re-schedule these cases, when appropriate, with all parties on a convenient date and time. As mentioned previously we will routinely report all future mediation to all parties as designated by claims and counsel (Future Scheduled Reports)
   
8. All sides will be given the opportunity of selecting a preferred mediator. Many times we will be able to accommodate specific requests for mediators and "steer" their case toward a date that their preferred mediator is scheduled for a MSD. If a date and time is more important than a specific mediator then we have more flexibility.

         COST

         Each mediation will be billed at $200.00 per side per case. For a MSD consisting of three cases, for example, the carrier or referring entity will be billed $600.00 for the day. Each of the opponents will pay $200.00 each.

         If one case is scheduled for the day, either because two cases cancelled or we were unable to set one or two other case then all parties will be informed that the case will be billed at our regular rate which is $175.00 per hour with a one time twenty minute or $52.50 Mediator preparation, document processing and followup fee for each side. If the case is court ordered in Pinellas or Hillsborough counties, we deduct $15.00 from this preparation fee to allow for the court's fee.

         We only charge a fee after the case is mediated. Their is no charge, therefore, for cases that are set up but not mediated.

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