Scheduling
To schedule mediation with Brian Spector, you may contact him by telephone at 305.666.1664, by fax at 305.661.8481, or click here to complete an online form.

Engagement Letters
Before mediating a case, Mr. Spector expects the lawyers representing the parties to sign an engagement letter.  A specimen of Mr. Spector's standard mediation engagement letter is available upon request.

Before the lawyers sign and return the engagement letter, Mr. Spector asks the lawyers to discuss with their respective clients the Mediation Confidentiality and Privilege Act, found at Florida Statutes sections 44.401-44.406.

By signing the engagement letter, each lawyer certifies that:

• This statute has been discussed with the client, and
• The lawyer and the client agree that, except as provided in Florida Statutes section 44.405, "all mediation communications shall be confidential."

Material to be Compiled and Provided by Participants
No later than 10 days prior to the mediation or such other date as may be selected, Mr. Spector asks the lawyers to provide him (via e-mail with PDF attachments) the following materials:

• Copies of the docket sheet, key pleadings (i.e. complaint; answer, defenses and counterclaim; reply to affirmative defenses; answer and defenses to counterclaim; etc.), motions, memoranda, discovery, or other materials which the parties want Mr. Spector to read in preparation for the mediation
• A confidential mediation statement provided to Mr. Spector but not served on opposing counsel
• Copies of key cases which the parties want Mr. Spector to read

The confidential mediation statement should provide the following information:

• The name of the judge
• When the matter is scheduled for trial
• Whether the mediation is pursuant to court order or voluntary (i.e. by agreement of the parties)
• Whether there have been any prior trial settings which have been continued and, if so, the number of continuances
• Whether the case is set to be tried before a jury or the court sitting without a jury
• The lawyer's best estimate of the number of days to try the case
• The identity of each person who will attend the mediation for or on behalf of the respective parties, including but not limited to insurance company representatives, and whether any such person is, by agreement or court order, participating telephonically

Lawyers are asked to summarize their clients' positions on:

• The merits (liability, damages, declaratory or injunctive relief), including citation to any key authorities which they want Mr. Spector to read to understand the substantive legal issues involved
• Settlement, including a recitation of any prior settlement discussions and any presently outstanding settlement demands or offers

Preparation by Parties and Counsel
All parties and counsel are asked to come to the mediation prepared to tell Mr. Spector (outside the presence of the other side):

• Attorneys' fees and costs to date
• Through trial and post-trial motions projected attorneys' and experts' fees along with likely costs (e.g. travel, court reporters, videographers, trial graphics, and electronic courtroom technologists, etc.)
• The legal basis for, and likelihood of recovering, fees and costs from the opposing side
• Each party's best, worst and most probable alternatives to a negotiated agreement and the likelihood (in percentage terms) of each scenario/outcome should the case not settle

Manner in Which Mediation Is Conducted
At the mediation, each side is expected to make an opening statement to explain, not argue, their respective views of the matter, and the reasons why they think they will win and the other side will lose.

The plaintiff should be prepared, if possible, to make a demand at the close of counsel's opening statement.

Of course, the parties and counsel may want to confer in private with Mr. Spector prior to making any demands or offers, also an acceptable procedure.

After the opening statements, the mediation participants can decide whether discussions should proceed as a group (in plenary session) or whether each side should break out into separate rooms to caucus and meet privately.

Documenting Settlements
Mr. Spector brings to each mediation a notebook computer, portable printer, projector and screen, so that he may assist the parties and their lawyers document any settlement reached.

Mr. Spector asks counsel to bring to the mediation drafts (in hard copy and electronic format - preferably Word, but if need be in WordPerfect or ASCII) of settlement papers, including all required monetary and non-monetary terms which each party believes is necessary and appropriate.

Scheduling
To schedule mediation with Brian Spector, you may contact him by telephone at 305.666.1664, by fax at 305.661.8481, or click here to complete an online form.