Mediation has seen explosive growth over the last two decades in connection with insurance matters. First party disputes; third party claims; excess and reinsurance coverage matters; or subrogation cases – in all quarters, mediation is the dispute resolution process to which the involved parties turn.
In a program moderated by Simeon H. Baum, President of Resolve Mediation Services, Inc. (www.mediators.com), Chuck Platto, an experienced insurance attorney and mediator, and Robert Stern, a dean of the subrogation claimant’s bar, offer reliable advice on how best to represent parties in insurance mediation. With practical focus on insurance matters – you can consider tips and cautions on how best to prepare for mediation, develop necessary demands and reserves, engage in effective opening statements, make the best use of joint session and caucuses, engage in productive negotiations, bring home strengths of legal alternatives, prepare for and obtain helpful risk and transaction cost analysis from the mediator, guide your clients, get past impasse, and bring home a reasonable resolution of your matters.
I. Select an appropriate mediator and prepare the client for mediation
II. Understand the Employee’s and Employer’s BATNA
III. Identify legal and deal alternatives to a negotiated agreement
IV. Develop an Effective Mediation Plan, including:
A. A reasonable aspiration level, moderate and walkaway deals
B. Gather and Produce key information
C. Develop necessary demands or reserves
D. Develop effective pre-mediation statements
E. Conduct effective pre-mediation telephone conferences
F. Get the proper parties to the table
G. Effective opening statements in mediation
H. Appropriate use of joint sessions and caucuses
I. Make the best use of the mediator
J. Make the best use of clients and representatives during mediation
V. Handle client communications in the mediation process
VI. Communicate efficiently with adverse parties
VII. Effectively negotiate through mediation, including developing, delivering, and assessing deal proposals
This course originally appeared as a part of our June 2016 Bridge the Gap Event.
Very informative presentation.
Great to have 3 different approaches represented here and to gain more insight into subrogation, as an insurance defense attorney who is considering becoming a mediator.
Very enlightening and well presented
Very experienced panel who communicated in a expert manner
Good primer on basics of insurance, insurance claims and mediation, i.e., not just potential problems but solving them. The panel discussion was a good vehicle for this type of program.