Seven Tips For Successful Mediations

Picture Tom Hanks’ character, Forrest Gump, as a claims professional. I believe he’d tell you that mediation is like a box of chocolates -- you never know what you’re going to get.

That’s understandable when you consider claims professionals are dealing with policyholders who have experienced a loss. Mediation can be a crucible into which facts, opinions, personalities, emotions, and biases are poured. You might want to stand back while that mixture heats up, as you do not know when things might boil over or explode.

Yet, while each mediation is different, most have common elements that can teach us lessons. Following are seven rules developed over a career spent opening up thousands of boxes of chocolate.

You never know what is going on in the lives of the people in the other room. Making assumptions during mediation can be costly.

It is tempting to assume that a case may or may not settle -- or if it settles, that it will never get done below a certain dollar amount. There may even be other voices in the mix, such as a plaintiff’s attorney’s remonstrations or a mediator’s early prognostication. The truth is, you will never know unless you explore and test an assumption through negotiation.