Mediation has proven time and time again to be a very cost-effective and fair method for resolving disputes. Far too often the real hurdle to effectuating a settlement is the need for one or more of the parties to “tell their story” so they can purge themselves of the emotional angst. Most often this is a need of the injured party, but I have found that sometimes the hurdle to a meaningful settlement negotiation is the need for the “professionals” handling the claim to get the opportunity to make their arguments (in any forum). Either way, mediation provides a vehicle to get past the emotional barriers to settlement. The Claims Journal recently published an article on point by Denise Johnson titled Making Your Mediator Work Harder For You in which she relates her interview with California Mediator Lee Jay Berman. You are able to view this article online at: http://www.claimsjournal.com/news/national/2014/11/17/257810.htm. I have considered Mr. Berman’s key recommendations and share the following comments with you:
- Interview your mediator before selection – – it is allowed and will help your case.
- Remember the case is new to the mediator so it is important to make the mediator aware of the facts and arguments you think are important. Call the mediator in advance, explain the case, and ask questions about what the mediator thinks of the case. Ask if there is any additional information you should develop or include at the mediation, and ask what facts should be emphasized. This should help you shape strategy and also build rapport with the mediator before encountering the opposing party.
- Once in your private meeting in the mediation, ask the mediator how they plan to present your arguments and present your offer to the opposing side. This forces the mediator to organize your case and gives you an opportunity to shape the dynamic of the actual offer.
- If the case is not resolved at mediation force all of the parties, including the mediator, to commit to a plan of action to continue working towards resolution in the days and weeks ahead. The mediator’s job does not have to end before the case is settled.
The Nash Group is available to help coach and train insurance claims professionals on effective tools and techniques for managing lawsuits and complex claims.
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