I mediated an insurance matter this week and as far as insurance disputes are concerned, never has a truer word been spoken;
>Litigants are eager to discuss their cases
Reality; the parties tend to withhold information>Mediation will be conducted in joint sessions
Reality; the parties prefer private sessions>Mediation will focus on needs and interests
Reality; the participants will focus on case value>The parties will engage in creative problem solving
Reality; proposals are monetary in nature – the process is traditional bargaining>Case analysis will dominate settlement discussions
Reality; case analysis gives way to multiple rounds of monetary proposals>Mediation will improve working relationships
Reality; the parties become angry with each other as they swap proposals>Proposals will flow until settlement occurs or best numbers reveal an impasse
Reality; movement stops before best numbers are reached>A mediator is useless when the parties are exchanging numbers
Reality; a mediator can do much to help the parties overcome their reactivity and move through their negotiation ranges
Thanks to Andy Little
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So true Geoff. In fact in my experience very little discussion takes place unless the numbers are in the ball park early. If the parties get good help pre-mediation on what to expect on quantum then you will have something to work with.