Insurance coverage disputes can be the subject of their own lawsuits. But more often – to the surprise of an unsuspecting mediator or attorney – they exist in the background of non-insurance cases and can sidetrack or derail settlement. It doesn’t have to be that way with some planning before a mediation session begins.

1. Treat coverage disputes as just another issue in the mediation.

2. Dive into the coverage issues.

3. Make sure you’ll have the right parties to address coverage issues.

4. Make sure all sides of the coverage issues have what they reasonably need.

5. Plan how coverage and liability issues will be juggled.

6. Remember it’s more than number passing.

7. Let creativity flow.

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