FL H1043

Insurance carrier representatives attending circuit court mediation must have full settlement authority up to the insurance reserve amount and ability to immediately consult electronically or by phone with someone authorized to settle above that amount, up to the policy limit or plaintiff's last demand (whichever is less).

Insurance carriers failing to comply in good faith with settlement authority requirements are subject to the same sanctions as parties failing to appear with required authority.

Courts may order third parties with liens or asserted interests in settlement proceeds to attend circuit court mediation if the third party's presence will facilitate the process, served by standard service of process.

Third parties ordered to attend mediation may not be compelled to pay mediator fees or costs if they appear and participate in good faith; their representatives must have full settlement authority or ability to consult with someone who does.

Mediators' reports to the court must state only whether a complete agreement, partial agreement, or no agreement was reached; partial agreements eliminating claims or parties may list those items but disclose no other information.

Effective date is July 1, 2018.