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#** FILED: BROWARD COUNTY. FL Brenda D. Forman, CLERK 12/5/2017 2:18:23 PM.****
IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA
FLORIDA PENINSULA INSURANCE CASE NO.: COCE 15-26983 (54)
COMPANY.
Plaintiff, JUDGE: FLORENCE TAYLOR BARNER
v
RESTORATION XPERTS, INC.
Defendant.
/
ORDER REFERRING CASE TO MEDIATION
(COUNTY COURT)
THE COURT [X ] sua sponte/{ ] upon the motion of a party, hereby refers the above captioned
matter to mediation as authorized by statute and rules of procedure. It is ORDERED as follows
1 Appointment of Mediator
The parties shall within fifteen (15) days of the date of this Order submit to the undersigned Judge
and file with the Clerk of the Courts a stipulation as to the designation of a mediator. The parties
shall within the same time period provide a copy of the stipulation to the Court Administration
Court Mediation and Arbitration Program (CMAP) in Room 19150, Broward County Courthouse,
201 S.E. Sixth Street, Fort Lauderdale, Florida 33301
If the parties fail to timely submit and file a stipulation as to the designation of a mediator, the
Court orders the following:
[X] The Court appoints as mediator
HON. ALAN R. MARKS (RETIRED)
8551 WEST SUNRISE BLVD., SUITE 303
PLANTATION, FL 33322
[ ] Court Mediation and Arbitration Program shall coordinate the date, time, and location
for the mediation.
If the mediator stipulated to by the parties or appointed by the Court cannot serve, the
parties shall either submit a stipulation with order thereon designating a substitute mediator
or advise the court so that a substitute mediator can be appointed by the Court.
The mediation shall be held within sixty (60) days from the date of this Order in Broward
County, Florida unless both parties and the mediator agree to another location. If the
parties cannot agree on a mediation date falling within this dea
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unilaterally set the mediation conference. Any party having a conflict with the date chosen
by the mediator must file a motion for continuance with the Court explaining what specific
efforts were made by the parties to agree on a date and why no agreement could be reached.
The appearance of all parties, and their counsel, in person is MANDATORY. Ifa business
entity (i.e. an insurance company, corporation, association, partnership) is a party, a bona
fide representative employed by that company shall also appear having full authority to
settle. If the Court has approved the absence of a party, the attorney must have full and
complete authority to settle from the client and authority to execute any mediation
agreement on behalf of the client, without further consultation. Full authority means the
individual representing the plaintiff has the authority to dismiss the claim and to pay
up to the full amount of the counterclaim and the individual representing the
defendant has the authority to pay up to the full amount of the claim.
CONTINUANCES MAY BE GRANTED ONLY BY THE COURT UPON TIMELY
WRITTEN MOTION FOR GOOD CAUSE SHOWN. Even if the parties mutually agree
to continue mediation, they must receive the permission of the Court and file the
appropriate motions in a timely manner. PARTIES SHALL NOT UNILATERALLY
CANCEL MEDIATION FOR ANY REASON EXCEPT SETTLEMENT OF THE CASE
AND NOTIFICATION OF SUCH SETTLEMENT IS PROVIDED IN WRITING TO
THE COURT.
Parties utilizing the CMAP shall pay the Clerk of the Courts for mediation in advance of
the mediation session being scheduled. Parties using the designated mediator shall pay
the mediator directly in advance of the mediation session being scheduled. For those
parties using the designated mediator, payment shall be made within fifteen (15) days of
the date of this Order and not less than five (5) days prior to the scheduled mediation date.
A session shall not exceed one and one-half hours (1.5 hours), unless both parties agree.
For those cases using the CMAP, each party in the case, including cases with multiple
parties, shall pay the Clerk of the Courts sixty dollars ($60.00) per session prior to the
commencement of the mediation. If a party was declared indigent the fee is not required
from that party. If additional sessions are needed, the parties must pay the Clerk of the
Courts in advance and a follow-up mediation appointment will be scheduled.
FAILURE TO PAY BY ANY PARTY WILL PREVENT THE SCHEDULING OF A
MEDIATION SESSION. THE JUDGE WILL BE NOTIFIED THAT THE PARTY OR
PARTIES FAILED TO PAY. THE CASE WILL BE REFERRED BACK TO THE
JUDGE FOR SANCTIONS WHICH MAY INCLUDE AN AWARD OF MEDIATOR
FEES, ATTORNEY’S FEES, OTHER COSTS, OR OTHER APPROPRIATE
REMEDIES.
Regarding this Order of referral to mediation, the Court determines that:
[Xx] The Plaintiff(s) and the Defendant(s) shall share equally in the cost of mediation
{ ] The Plaintiff(s) shall pay the full amount for all parties in the mediation
{] The Defendant(s) shall pay the full amount for all parties in the mediation
[] The Clerk of the Courts has certified that the [ ] Plaintiff and/or [ ] the Defendant
is/are indigent
C] Other (Please Specify)
If a cost for mediation is imposed above, you may object to mediation on grounds of
financial hardship or on any ground set forth in Fla. R. Civ. P. 1.700 within fifteen (15)
days of the date of this Order.
All parties are responsible for full compliance with each provision of this Order. The
Court shall have the power to impose sanctions as authorized by the Florida Rules of Civil
Procedure, for the following:.
Failure to attend and/or participate in good faith at the mediation conference
without good cause;
Failure to pay the mediation fee within the time period set forth in this Order;
Failure to obey this Order;
Failure of the parties to appear;
Failure of a representative to appear with full authority to settle, without further
consultation;
Failure of an attorney to appear with full authority to act on behalf of the client, if
the Court has granted the absence of a party;
g Failure to obtain permission of the Court for a continuance.
9. Plaintiffs and Defendants shall present a brief written summary of the case to the mediator,
at least one week before the mediation conference. This summary shall include a list of
outstanding issues in the case.
10. The conferences are governed by the Mediation Confidentiality and Privilege Act as well
as applicable rules of procedure.
11. Parties utilizing their own private mediators shall pay the mediator directly based upon
arrangements the parties make with the mediator. In addition, the private mediator is
responsible for all administrative functions pertaining to the mediation including securing
a space outside courthouse locations. Any private mediator chosen is subject to all relevant
provisions of this Order, including deadlines.
12 Parties shall notify the CMAP if settlement is reached prior to a scheduled mediation date.
Mediation shall not be canceled until a copy of the settlement is provided to CMAP and
the Court. There shall be no refunds for payments made to CMAP. Because of related
work done upon referral of a case to mediation to a designated mediator, a minimum of
one hour of designated mediator time is deemed earned as of the fifteen (15) day payment
deadline specified in paragraph 6 above, even if the parties settle prior to the mediation
date.
13 If a settlement or partial settlement is reached, it shall be reduced to writing in the presence
of the mediator, signed by all parties or their counsel, and promptly submitted to the Court.
14. Within ten (10) days following the completion of mediation, the designated mediator or
the private mediator shall complete and file the mediation report via the eportal. For cases
using the CMAP, within thirty (30) days following completion of mediation, the mediator
shall complete and return the Statistical Information Sheet, Mediator Timesheets, and State
Invoice to the CMAP, Director, Broward County Courthouse, Room 19150, 201 SE 6th
St., Fort Lauderdale, FL 33301.
15. The parties are responsible for providing their own interpreter, if one is needed. Neither
the Court nor the CMAP Office provides interpreters for County Court Civil cases.
DONE AND ORDERED in Chambers, Broward County, Florida, this 4th day of December,
2017.
FLO. E TAYLOR BARNER
WET
COUNTY JUDGE
Copies furnished:
Plaintiff: JOHN S. RIORDAN, ESQ.; KELLEY KRONENBERG, 1475 Centrepark Blvd., Suite
275; West Palm Beach, FL 33401
Defendant: PETER B. WEINTRAUB, ESQ.; WEINTRAUB & WEINTRAUB, PA; 2700 North
Military Trail, Suite 355, Boca Raton, FL 33431
Mediator: HON. ALAN MARKS, ESQ (RETIRED) 8551 WEST SUNRISE BLVD., SUITE 303
PLANTATION, FL 33322
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact Diana Sobel, Room 20140, 201
S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days
before your scheduled court appearance, or immediately upon receiving this
notification if the time before the scheduled appearance is less than 7 days; if
you are hearing or voice impaired, call 711.