Mediation Agreements & Competing Jurisdictions
The Florida Bar Continuing Legal Education Committee and The Workers' Compensation Section present
"The Art of Drafting a Worry-Free Mediation Agreement"
"Competing Jurisdictional Issues Including
Jones Act, Longshore, & Workers’ Compensation"
COURSE CLASSIFICATION: INTERMEDIATE LEVEL
Telephonic Seminar Course No. 1489R
Tuesday, March 5, 2013 • 10:30 a.m. - 12:30 p.m. EST
The Art of Drafting a Worry-Free Mediation Agreement
Recent case law has suggested that the Mediation Agreements that most of the practice has been using to support a binding contract between the parties may in fact be anything but. This seminar will review the basics for drafting a rock-solid Mediation Agreement and will also go over the “what-ifs” that pertain to our unique needs in the Workers’ Compensation arena.
Competing Jurisdictional Issues, Including Jones Act, Longshore & WC
The Florida Workers’ Compensation Act (FWCA) has express jurisdictional limitations set out in Section 440.09(2). While some states allow for concurrent jurisdiction among various compensation statutes, Florida is known as an “exclusive jurisdiction” state. A claimant cannot bring a claim under the FWCA if the jurisdiction of said claim falls under either the Jones Act or the Longshore and Harbor Workers Compensation Act. Slight variations in the facts of the accident, where the accident happened, or what the claimant’s job duties were could affect which Act applies. This seminar will provide practice tips on what questions to ask and what issues to look for to make the proper jurisdiction determination.