Sometimes it is difficult to get final authority upon settlement, especially when mediation or negotiations run late in the day.  Its 5:30 on a Friday and you just need $5000 in additional authority to get this sucker done.  So what do you do?  You agree, in the mediation agreement, to settle the claim at the agreed upon amount on a contingent basis.  You also offer the Claimant 20 days so your supervisor or the insured can get back to you in time. 

But, is this a “meeting of the minds?”  In other words, do the parties have a binding settlement when the E/C is only agreeing on a contingent basis?

According to the First DCA, no, they do not.

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