Mid-America Catastrophe Services

Making the Case for Early Mediation

 Thursday, October 20, 2022

 CLM Magazine

Since building new courthouses and hiring more judges to reduce a pandemic-induced judicial backlog is not a viable or realistic solution, early mediation initiatives have become an easier and less costly way to work through the glut.

Although mediation has proven to be very successful in a variety of jurisdictions, one trend is constant: Mediation typically occurs too late in the life of most disputes. Reduce the time the case remains pending, and we can reduce the judicial labor and private and public costs. Here’s how to do it.

Mediators in more evolved jurisdictions report settlement rates ranging from 60% to 80% of filed cases. However, capturing data is hard, and government studies regarding settlement rates at mediation are problematic and may minimize the impact of mediation for several reasons.

The first is that mediation that is not court-ordered likely flies under the radar. Also, some cases do not settle during the formal mediation session, but the mediation reveals new information that leads to settlement a few days or weeks later, which means it’s unlikely to be counted as a mediation ‘win.’

Additionally, there are host of factors making data capture elusive. Insurance carriers should know what percentage of their claims settle through mediation, but none of them publish studies detailing their success in mediation across lines of business.

Making The Case For Artificial Intelligence

 Monday, June 20, 2022

 CLM Magazine

When it Comes to Mediations, Confidentiality Isn’t Guaranteed

 Wednesday, February 16, 2022

 CLM Magazine

Benefits Of Virtual ADR In Insurance Disputes

 Friday, March 26, 2021

 JD Supra

Online Mediation Safety And Security

 Monday, March 15, 2021

 CLM Magazine

Avoiding Common Pitfalls In The Settlement Process

 Tuesday, September 8, 2020

 CLM Magazine

For A Successful Mediation, Communication And Preparation Are Keys

 Thursday, January 16, 2020

 CLM Magazine

Making The Case For Private Mediation Sessions

 Tuesday, May 14, 2019

 CLM Magazine