Agenda 04/22/2014 Item #16K3 4/22/2014 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the expenditure of up to $3,000 for mediation
services for Court Ordered Mediation in the matter of Collier County and Ted
Smallwood's Store,Inc.v.Florida Georgia Grove LLP(Case No. 11-1640-CA).
OBJECTIVE: To hire a mediator in order to participate in Court Ordered Mediation.
CONSIDERATIONS: Pursuant to the Court Approved Case Management Plan, Court Ordered
Mediation is required to take place on or before May 2, 2014 in the matter of Collier County and
Ted Smallwood's Store, Inc. v. Florida Georgia Groves (Case No. 11-1640-CA). The Parties
have identified two potential and well-qualified mediators: Tara Miller-Dane, Esq. and David
Prolman, Esq. The Mediator must be agreed to by all Parties and will be scheduled subject to
availability.
Each party is required to pay its own costs for the mediation. The cost of mediation for an all-
day mediation, including preparation time and travel time is not expected to exceed $3,000. The
County Attorney's Office is recommending that the Board approves the expenditure of mediation
services for either Ms. Miller-Dane or Mr. Prolman at the rates identified in the Mediators'
attached Fee Schedules.
FISCAL IMPACT: The cost of$3,000 will be funded by the County Attorney's Office.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office,
is approved as to form and legality,and requires a majority vote for Board approval.—CMG
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the
expenditure of up to $3,000 for mediation services for Court Ordered Mediation in the matter of
Collier County and Ted Smallwood's Store, Inc. v. Florida Georgia Grove LLP (Case No. 11-
1640-CA).
Prepared By: Colleen M. Greene,Assistant County Attorney
Attachments: Miller-Dane and Prolman Fee Schedules
09-9432-CA/169
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4/22/2014 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve and authorize the expenditure of up to
$3,000 for mediation services for Court Ordered Mediation in the matter of Collier County and
Ted Smallwood's Store, Inc. v. Florida Georgia Grove LLP (Case No. 11-1640-CA).
Meeting Date: 4/22/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
4/14/2014 2:09:42 PM
Approved By
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services
Date: 4/14/2014 3:11:01 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 4/14/2014 4:05:02 PM
Name:KlatzkowJeff
Title: County Attorney,
Date:4/14/2014 4:40:11 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/15/2014 8:12:19 AM
Packet Page-1436-
Tara Miller Dane Esq.,Federal Mediator,Circuit-Civil Mediator,Certified Family Mediator,based in Naples,Florida. 4/22/2014 16.K.3.
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Tara Miller Dane Esq. ,w
Tara Miller Dane Mediation Services
1100 Fifth Avenue South,Suite 201
Naples,FL 34102 View Ids Y ~rirEGt r r,S
M Tel: (239)-643-4338
Fax:(239)-793-0876
"f,:; Email: taradane7( aol.com
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ADR Services: FL Certification Qualifications:
a Mediation(Circuit-Civil) • Federal Mediator
a Mediation(Federal) a County Court Mediator
a Mediation(Family) a Circuit-Civil Mediator
a Certified Family Mediator
Serving the following Judicial Circuits:
20
[Click for Map of Florida's Civil Circuits]
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Tara Miller Dane Esq. has experience in settling the following types of case:
a Commercial/Business • Environmental • Probate
a Community Associations • Health Care a Professional Negligence
a Condominiums a Insurance a Real Estate
a Construction a Landlord/Tenant •Torts
a Contract Disputes • libel&Slander a Trusts/ Estates
a Debt Collections a Medical Malpractice •Wrongful Death
• Employment a Personal Injury
Tara Miller Dane Esq.has experience in the following areas of areas of Family Law:
E Divorce(All Issues)
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Biographical Notes: .
Tara Miller Dane is an AV rated lawyer with over 32 years of legal experience.She graduated from Duke University and attended law
http://www.floridamediators.org/tara-miller-dane[4/7/2014 10:38:55 A Packet Page -1437-
4/22/2014 16.K.3.
Tara Miller Dane Esq.,Federal Mediator,Circuit-Civil Mediator,Certified Family Mediator,based in Naples,Florida.
school at the University of Miami.She was admitted to practice in October of 1980 were she started her legal career with the law firm of
Charles Holley, P.A., in Naples, Florida.After Mr. Holley's death in 1981,she established her own general litigation practice in Naples,
Fla. Her practice included general commercial litigation,personal injury,and divorce and family law matters.
'ara has been a full-time mediator since December of 1996.She is certified in both Circuit Civil and Family Law matters. She
established her firm Tara Miller Dane Mediation Services and has since mediated over 1900 State and Federal cases in Naples and Fort
Myers,Florida.She has successfully mediated many extremely high conflict and multiple party matters. Her firm is dedicated to seeking
resolution in a wide variety of mediation matters.
Education:
. University of Miami School of Law Miami,Florida,Juris Doctor Degree, 1980
. Duke University, Durham, North Carolina Graduated: Magna Cum Laude, 1977
• Choate/Rosemary Hall School Wallingford, Connecticut, Graduated 1973
Languages
English,Spanish
Memberships&Affiliations:
• Florida Academy of Professional Mediators,Inc: Member since 1996
• Florida Bar Association:Member from 1980 to present
. Collier County Bar Association: Member since 1980
. Collier County Women's Bar Association Voted "Woman of the Year' by Collier County Women's Bar Association in 2004
• Inns of Court of Collier County
• Rated AV by Martindale-Hubbell
Held offices with the Collier County Bar Association:
-Board of Directors 2009-May 2012, 1988-1989, 1983-1984, 1982-1983
-Treasurer: 1984-1986
-Grievance Committee Member,20 B: 1990-1993
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Or
ates:
mates:$ 300.00 per hour for two parties, ( $150.00 per party), $350.00 per hour with three or more parties. Note:The number of
parties is determined by the number of attorneys involved in the case.
Minimum Fees: Half-Day Sessions:Three hours at the applicable rate listed above. Full-Day Sessions: Six hours at the applicable rate
listed above.
Travel Time: No charge for travel time to Collier County mediations or mediations in Fort Myers,Fla, No administrative fee charge.
Hourly rate is applicable to time spent reviewing summaries and summary documents.
Payment:
Credit is extended to counsel only.Counsel is responsible for payment,therefore,counsel may wish to require that clients provide them
with a retainer to cover mediation costs.
Cancellation Policy:
Half-Day Sessions: No charge if canceled within Seven(7)days,(Note:Seven(7)consecutive 24 hour periods in advance of the
scheduled mediation is required for avoidance of cancellation fee.)If cancelled with less than required notice,a fee of two(2)hours will
be charged.
Full-Day Sessions: No charge if canceled within Seven(7)days,(Note:Seven(7)consecutive 24 hour periods in advance of the
scheduled mediation is required for avoidance of cancellation fee.)If cancelled with less than required notice,a fee of four(4)hours
will be charged.
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Please call mediator's office directly to check
�� ' ° , i f �z k availabililty: (239)-643-4338.
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http://www.floridamediators.org/tara-miller-dane[4/712014 10:38:55 A 1438
4/22/2014 16.K.3.
DAVID PROLMAN
MEDIATION RESOLUTION
375 THIRD AVENUE NORTH CERTIFIED
NAPLES,FLORIDA 34102 CIRCUIT COURT MEDIATION
AMERICAN ARBITRATION ASSOCIATION
239.262.588o UNITED STATES DISTRICT COURT
Fax 239.262-5452
Email: yrolmanmediationftgrnail.com
FEE SCHEDULE FOR
COLLIER AND LEE COUNTIES
SCHEDULING CASES:
Half Day Hearing: the first at 9:00 a.m.until 1:00 p.m.
the second at 1:00 p.m.until 5:00 p.m.
All Day Hearing: 9:00 a.rn.until 5:00 p.m.
Complex or multi-party cases may require an All Day Hearing.
MEDIATION FEES: —
Half Day Hearing: $900 peg party with two parties;
$600 per party with three or more parties.
All Day Hearing: $1,800 per party with two parties;
$1,200 per party with three or more parties.
CANCELLATION FEES:
Half Day Hearing:Six Hundred Dollars will be charged if the mediation is cancelled within
fourteen(14)days of the scheduled mediation and not booked by a different mediation.
All Day Hearing: One Thousand Two Hundred Dollars will be charged if the mediation is
cancelled within fourteen (14)days of the scheduled mediation and not booked by a different
mediation.
If within two weeks of a cancellation, the cancellation fee is paid and the mediation is
rescheduled for a later date,one half of the fee will be credited at the time of the mediation.
MISCELLANEOUS:
A(BRIEF)position statement is required 10 days before the scheduled hearing.
Credit is extended to counsel only, who is responsible for payment. Counsel may wish to
require that clients provide a retainer to cover mediation costs.
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