A mediated settlement in a personal injury lawsuit isn’t automatically legally binding in Florida. A few conditions must be met for a mediated settlement to be enforceable. Even though mediation works toward a compromise, it can be stressful, so having your own West Palm Beach personal injury lawyer advise you in negotiations helps you achieve a better outcome than you may alone.
What to expect from mediation in Florida
Mediation is a form of dispute resolution in which the opposing parties, in your case, you (the plaintiff) and the party who caused your injuries and financial losses (the defendant), negotiate the issues back and forth until an agreement is reached. Mediation is less formal than arbitration or a trial. Often, each party is sequestered; the mediator goes back and forth between the two parties, keeping them focused on resolving their dispute and quashing arguments and finger-pointing.
Unlike binding arbitration, another form of alternative dispute resolution (ADR), mediation isn’t binding unless both parties agree to the negotiated settlement. The mediation process can be quite effective at resolving a contested personal injury claim, and you may achieve a higher settlement through a mediation agreement than you would at trial.
Your mediator is a neutral third party who has experience with the kind of dispute you face. In personal injury cases, it’s likely a retired judge or a non-practicing personal injury lawyer. They introduce themselves and recap the issues at hand, helping you seek common ground. Then, negotiations begin.
When is mediation legally binding in Florida?
Mediation is legally binding, per Florida tort laws, if certain conditions are met:
The mediated settlement must be clearly documented, with all the terms and conditions that were agreed upon in the mediation sessions explicitly stated in the agreement. Avoiding ambiguity can prevent disputes later.
The agreement must be detailed, covering all aspects of the case and each party’s obligations and responsibilities (which can include the terms of a non-disclosure agreement and the exact amount of compensation the defendant owes the plaintiff). Include timelines for each action to be taken and other relevant terms, such as the method of payment for the settlement.
Both the plaintiff and the defendant must sign the agreement. Your signature is a formal acknowledgment that you accept the terms of the settlement contract and that its terms are mutually agreeable.
Once this is completed, the settlement agreement becomes a legally binding contract. Your attorney, or the defendant’s attorney, submits it to the court, and your case is resolved. And, if the other party doesn’t fulfill their obligations, the court can enforce the terms of your settlement agreement.
What to expect in a mediation session
Expect multiple parties to be on the defense’s side, including the actual person who caused the accident (or, if your injuries were caused by an entity, like a manufacturer of dangerous drugs, a representative from the corporation), their lawyer, and a representative of the defendant’s insurance company. Insurance companies pay most settlements, so an insurance adjuster may be present to confirm the limits of the defendant’s policy and approve the settlement terms.
Be sure to prepare for uncomfortable moments. The defense may try to downplay your injuries or shift more blame onto you than you feel is fair. This is a common tactic in negotiations. Stay focused, and rely on your personal injury lawyer’s guidance to help navigate these challenges.
Successful mediation requires both parties to work in good faith. It can be an efficient and cost-effective way to settle your claim, avoiding the stress of a trial.
Mediation can be binding if done properly
Mediation offers a private, often less stressful alternative to a courtroom trial, but it’s not always binding unless certain legal steps are taken. A carefully documented and signed agreement, reviewed by your attorney, can become enforceable and help you avoid the uncertainty of a trial.
Whether you’re negotiating with an insurance company or a corporate defendant, having a skilled personal injury attorney by your side can make all the difference in reaching a fair outcome.
Do you need mediation representation for your personal injury case? Contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 for a free consultation with our personal injury lawyers.
