This article is for lawyers who want to mediate with local government in Florida. The writer wants to let them know that settlements reached at mediation with the government are not final until the elected board approves them. They give an example of a personal injury case where the lawyer reached a settlement, but then found out the government needed to approve it and it would take six weeks to get the money. This article is about the challenges of settling claims with local government entities in Florida. Before 1981, it was difficult for public sector attorneys to discuss and settle claims due to restrictions under the Government in the Sunshine Act. This made it hard to negotiate because discussions were public and could be used against the government in the press. A law in Florida called F.S. §768.28(14)(c) allows government attorneys to have private meetings to discuss settling legal claims against the government. This helps them talk openly about the case without the other side knowing their strategy. It also makes it easier for elected officials to agree to a settlement without feeling pressured. If you’re dealing with a public entity, make sure to read the rules for mediation carefully so you know what to expect. Government attorneys have a hard time settling claims because there are a lot of people involved in making decisions. Unlike private insurance companies, the government has multiple representatives who review claims and make recommendations to the government body. This means that even if an agreement is reached during mediation, it can still be rejected by the government body. The process is similar to how a jury makes a decision. The attorney is also not allowed to discuss the officials’ opinions with each other, so it can be difficult to know where they stand. Overall, settling claims with the government can be a complicated and frustrating process for attorneys. It’s important to know who represents the government in mediation, their experience, and their authority to make decisions. Find out if there are any other people who can influence the outcome of the negotiations, like budget officers or court clerks. Talk to other lawyers who have worked with the local government to get an idea of how long it takes to get a settlement check. Also, find out if the government has insurance, and what kind, because they might be more willing to spend that money than taxpayers’ money. When you’re dealing with the local government, make sure you know who you’re talking to and that they have the power to make a settlement. Let your client know that they might not get paid right away if the claim is settled. Pay attention to who the government sends to talk to you, because sometimes they’ll send someone who can’t make decisions. Find out if the government has a plan for who will take over if the original person can’t make it. If you can, go to a public meeting to see how the person you’ll be dealing with acts. Government lawyers usually have a set amount of money they can use to settle a claim without getting approval. It’s also a good idea to avoid scheduling meetings during times when elections or budgets are happening. Lastly, it’s important to tell the government about the good things about your case, especially if their lawyer didn’t give them all the information. It’s important to know if the public entity you’re dealing with is self-insured or has commercial insurance. You should also find out if they handle claims themselves or if they hire a third party administrator to do it. Sometimes, third party administrators may try to save money by not settling claims quickly, which can be frustrating. Just be aware that not everyone will be cooperative when it comes to paying out claims. It’s important to prepare and understand the local government representative you’ll be negotiating with. Make sure they have the power to settle and communicate with your client about any possible payments. This will help make the mediation process easier. Remember, preparing and asking the right questions is key to getting the outcome you want. We want our members to understand their duty to help the public, make the justice system better, and improve the study of law.
Source: https://www.floridabar.org/the-florida-bar-journal/mediating-with-floridas-local-governments-tips-for-the-private-practitioner/
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