Mediator 

   Mark Hruska is a state certified Mediator for all civil matters throughout Florida.  He has over thirty (30) years of trial experience for both plaintiffs and defendants in many areas of the law including products liability, medical malpractice, insurance coverage, premises accidents and boating claims.  Please refer to his biography in this website for more detailed review of his background.

    Mr. Hruska will mediate any civil dispute involving any number of parties whether by the parties' stipulated agreement pre-suit or upon Court-directed Mediation settlement conference.  Mediation conference facilities are available at the law offices of Schwartz & Horwitz.  Our offices are centrally located for any South Florida proceeding.  Mr. Hruska will also conduct such conferences anywhere within the United States or internationally at a place of the parties' preference.

Mediation Fees

    Fees are based on hourly rates of $400.00 plus administrative costs and any travel expenses of the Mediator, divided equally among all parties.  Charges include all time devoted to case preparation, study of the parties' submissions, conference and any post-conference follow up activities to help the parties reach a settlement and any time needed for preparation of settlement documents or case reporting.

    There is a two hour minimum charge.  Flat per diem or other special rates for multi-day conferences or larger groups are subject to accommodate. 

    All Mediation charges are the obligation of the attorneys using our services, due upon invoice.

Mediation Process

    All Mediations are deemed confidential and protected by state or federal rules of evidence against disclosure of settlement negotiations.  Each participant will be required to reconfirm his/her stipulation to abide by such confidentiality requirements.  Detailed case summaries by each party are strongly encouraged to address all aspects of a party's posture in the dispute so that the Mediation has the highest likelihood of success.  All agreements reached among the parties will be reduced to a writing outlining the basic terms of the agreement reached, the attorneys responsible for any additional, more formal release documents to be exchanged following the conference.

    It is Mr. Hruska's practice to require the parties and their attorneys as well as any liability insurer(s)' representatives with full settlement authority to participate in person and to remain engaged in the conference or side caucuses until a settlement is agreed upon; a decision made to reconvene at a later session upon further case preparations or informational exchange; or until an impasse is declared.  While all reasonable efforts will be made to fully explore the likelihood and parameters of possible compromise resolution, it is not the practice of Mr. Hruska to prolong a conference where it becomes apparent that further negotiations will not be productive. 

Conflicts Check

    As the Mediator, Mr. Hruska acts at all times as a completely independent, disinterested though active participant in settlement negotiations.  In light of his ongoing active law practice and the handling of cases by other attorneys with his firm, it is necessary that full conflicts checks be performed before Mr. Hruska will agree to serve as Mediator.  Initial inquiry for Mr. Hruska's availability should be accomplished with complete disclosure as to the parties involved, any insurers and other information which may be relevant to a proper verification that no possible appearances of any conflicts of interest exist in regard to Mr. Hruska's involvement in your particular dispute.

Scheduling

    Mr. Hruska is generally available on any business day or, in special circumstances, a Saturday can be accommodated.  Scheduling can be arranged through our Mediation Coordinator, Colleen Lundrigan, whose telephone extension is 236 and email address is cml@sandhlawfirm.com.

    When contacting our office to schedule a Mediation please have ready the following:

  • Case matter/brief description
  • Party names/attorneys involved
  • Liability insurer(s)
  • Court ordered or voluntary mediation
  • Total number of likely participants
  • Any special accommodations or services needed (audio/visual, physical disabilities, time constraints, etc.)
  • Contact information for all attorneys or party representatives


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