For A Successful Mediation, Communication And Preparation Are Keys

When it comes to mediation, there is no one-size-fits-all approach. Regardless of the case, though, the key to a successful mediation is preparation and communication.

Preparing for the mediation should always include knowing the facts of the case from beginning to end and front to back.

But there are additional considerations and questions that are often overlooked. For example, are there coverage issues, deductibles, or self-insured retentions that could impact negotiations?

Are there multiple insurance policies applicable to the loss? If there are multiple defendants, then are there issues regarding apportionment of liability?

These questions should be addressed well in advance of mediation so that a strategy—agreed upon by both the carrier representative and counsel—may be formed and a united front can be displayed when in the mediation room.