Avoiding Common Pitfalls In The Settlement Process

We have said it for years: Most of our claims are not going to trial and may never see the inside of a courtroom. Instead, in all likelihood, mediation or informal negotiations is where we’re going to get the case resolved.

While mediation may not be as stressful or as high-stakes as a trial, there are still issues that consistently arise throughout the process that can quickly become pitfalls for the unsuspecting attorney or claims handler.

This article uncovers some of those pitfalls to help ensure a smooth path to dismissal of the claim.

One of the first steps in mediation is scheduling it, and one of the first issues to address is, who is going to attend? In many jurisdictions across the country, mediation is mandatory. As a result, the jurisdiction has likely adopted a rule on who has to appear in person.

Those who are required usually include: the mediator; all individual parties or a representative of a corporate party; the party’s counsel of record, if any; and, for any insured party, a representative of the insurance carrier.