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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One comment

  1. 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.

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