Insurance Mediation

I mediated an insurance matter this week and as far as insurance disputes are concerned, never has a truer word been spoken;

>Litigants are eager to discuss their cases

Reality; the parties tend to withhold information

>Mediation will be conducted in joint sessions

Reality; the parties prefer private sessions

>Mediation will focus on needs and interests

Reality; the participants will focus on case value

>The parties will engage in creative problem solving

Reality; proposals are monetary in nature – the process is traditional bargaining

>Case analysis will dominate settlement discussions

Reality; case analysis gives way to multiple rounds of monetary proposals

>Mediation will improve working relationships

Reality; the parties become angry with each other as they swap proposals

>Proposals will flow until settlement occurs or best numbers reveal an impasse

Reality; movement stops before best numbers are reached

>A mediator is useless when the parties are exchanging numbers

Reality; a mediator can do much to help the parties overcome their reactivity and move through their negotiation ranges

Thanks to Andy Little