Pre-Suit Mediation and Video Conferencing

“Let us never negotiate out of fear, but let us never fear to negotiate”
John F. Kennedy

Pre-Suit Mediation

(Mediation in our Miami Conference Room showing our client participating through video conferencing.)

When Pre-Suit negotiations break down, the Plaintiff may feel that he probably has no choice but to file suit. You wish there was another option to avoid inevitable litigation.  Believe it or not- there is. You can appear at your Pre-Suit Florida Mediation, without ever having to leave your city!

Over the past two years, our business partners have started coming to Hightower, Stratton, Novigrod & Kantor to set up Pre-Suit Mediation in our offices in Tampa Bay, Orlando, Miami and West Palm Beach. Sometimes they travel and attend in person but other times they appear via video in each of our offices’ video conference centers.  Each of our firm’s four conference rooms allow for 2-way video conferences in real time.  Therefore, you can use your company’s video conference room or find the closest one in your city and appear at the time you choose.  This saves thousands of dollars in airplane, hotel, and rental car expenses, as well as precious lost time from office and family.

It is simple, inexpensive and effective.  We find that 50 percent of the cases that our firm mediates Pre-Suit are settled without suit ever being filed. SPENDING $1500 TO $3500 TO SETTLE A CASE WHEN THE GAP IS $20,000 OR MORE MAKES SENSE. We have developed two options to assist our business partners with Pre-Suit negotiations and Mediation:

  • First is our “Basic Option”, where approximately 20 hours of work is put into the Pre-Suit discovery phase and preparation of Mediation, which costs approximately $1,800 to $3,000, depending on the complexity of the case. (Does not include the preparation of a PowerPoint show.)
  •  Second is our “Deluxe Option”, where we provide a PowerPoint show in preparation of Mediation, expending approximately 30 hours of preparation (inclusive of the PowerPoint). Costs are approximately $2,500 to $4,500, depending on the complexity of the case.

Basic Option Includes:

  1. Review of Claims File
  2. Legal Research
  3. Draft Comprehensive Pre-Suit Evaluation Report
  4. All Phone Conferences and E-mails
  5. Preparing for Pre-Suit Mediation
  6. Attending Pre-Suit Mediation
  7. Post-Mediation Report

Deluxe Option Includes:

  1. Receipt and review claims file including analysis of documents for preliminary/initial report on liability and damages
  2. Should claims file be incomplete, obtain executed releases from claimant so as to secure additional medical records for bolstering pre-suit defense as to causation and damages
  3. Engage investigator to conduct pre-suit surveillance of claimant
  4. Search for previous lawsuit filings, criminal records, etc., so as to assist in creating profile of plaintiff and underscore potential credibility problems
  5. Site visit and inspection including photographing of scene and vehicles involved in accident if any
  6. Provide Post Site Visit Report relaying to client all discovered facts and information including photographs and/or video obtained at the scene
  7. Obtaining statements of witnesses and claimants involved in incident
  8. If necessary engage a liability expert and/or accident re-constructionist to investigate matter and have him/her conduct inspection
  9. Agree on Pre-Suit Mediator
  10. Draft Pre-Suit Pre-Mediation Report
  11. Prepare PowerPoint presentation to be used at Pre-Suit Mediation
  12. Attend Pre-Suit Mediation
  13. Draft Post-Mediation report

With both options, business partners enjoy the benefits of our assistance in preparation for Pre-Suit Mediation, conducting light Pre-Suit discovery, and any issue-spotting of legal issues, as well as our appearance at the Mediation.

The only difference between the two packages is the added value of the PowerPoint or video presentation.  Since we started utilizing PowerPoint and video presentations at mediation, the majority of our business partners have noticed that by investing in a presentation, the chances of settling the case greatly increase.

Upon review, please contact us should you wish to further discuss the benefits of having Hightower, Stratton, Novigrod & Kantor help prepare for and attend your next Florida Pre-Suit Mediation.