Sometimes an alternate method is needed for both sides to consider the time, costs and frustration that can accompany a lingering claim. Mediation is one alternative to taking a case all the way through trial.
Lee Jay Berman, a mediator at PMA Dispute Resolution, offered tips on handling mediations during an interview at this year’s Combined Claims Conference held in Orange County, Calif.
Besides knowing the facts of the claim and the timeline, he noted the importance of pacing the negotiations during mediation.
“You’ve got, oftentimes, plaintiffs who are just anxious to get it done,” said Berman, who was also a panelist on the topic of developmental negotiation at the conference.
Plaintiffs want to know what they are going to get and want to make their decision, he said.
Adjusters should avoid rushing negotiations to please plaintiffs, but rather pace the negotiations to get to the settlement figure that is acceptable to all involved.
The seasoned mediator suggested adjusters remember that though claims may have similarities each claimant and attorney is different. In addition, adjusters should research the plaintiff attorney and evaluate whether the plaintiff’s demand is realistic.
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