Quinley provided six tips for adjusters preparing for mediation:

1. Do your homework. Have the reports and key pieces of evidence available for the mediator. Have a firm command of the liability picture, the law, injury and causation.
2. Plan and train for mediation as you would for an important exam if you were back in school. Prepare for key themes or talking points to make to the mediator and the opposition.
3. Prepare yourself physically. Enter mediation rested and feeling well. You want to be physically and mentally sharp. Proper preparedness for mediation includes not only mental but some physical prep as well.
4. Play devil’s advocate in advance. Prepare for anticipated arguments and talking points that the claimant will likely advance. Brainstorm or roundtable with other adjusters. Probe for weaknesses in your case and then formulate answers to parry these arguments.
5. Give mediation adequate time. Be patient and optimistic. Expect a long process because with this expectation you’ll be less likely to throw in the towel or agree to unfavorable terms because of fatigue or impatience.
6. Play to the final whistle. Stay the day. Often, cases settle in the closing minutes of mediation.

Quinley also offered three common mediation mistakes for adjusters to avoid.

1. Calling the opposing party by the wrong name. It can undermine attempts to resolve the case.
2. Lack of empathy. Adjusters have to have not only an IQ but an EQ, an emotional intelligence quotient. Don’t hesitate to express condolences or sympathy where appropriate. That doesn’t mean you have to concede liability.
3. Bluster. That is, telling plaintiffs in the opening statement of mediation that the case isn’t worth anything or worth much but that you’re there, nevertheless, “in good faith.”

Read original article


Tags: