When it comes to insurance claims, mediation is the best option. It is a type of alternative dispute resolution which is normally used in non-criminal cases such as divorce, child custody, employment, small business, leases, contracts, and insurance disputes. In order for an insurance mediation case to be successful, both parties have to cooperatively work together to reach a fair resolution or settlement. The neutral mediator helps facilitate the session. However, if you want to make the most out of the mediation process, you need to know the 8 rules of dealing with an insurance mediation case successfully. It is crucial to know about these rules to achieve the best possible result. Read on to learn about these top 8 rules for success in an insurance mediation case.
- Decision Makers Have To Participate
A mediation session can only be successful if the decision makers equally participate. In simple words, the decision maker is a person who is involved in a lawsuit. But, when the party is an entity such as a business, it is not clear who is the decision maker. This means that the person who has the power to accept a resolution from the business has to be present during the mediation sessions and has to fully participate to ensure that a fair resolution is reached. Participation in mediation is about being involved in the sessions and actively discussing the issues during the mediation session. It allows one to get a clear understanding of the root cause of the dispute and sharing your side of the dispute. In a mediation, both the decision makers have to voice their concerns and opinions in order to move forward. Normally, participation through physical presence is better than speaking on the phone and being a part of the video conference. However, if it is not possible to be physically present, then a video conference is the best option.
- Bring Important Documents Along During Each Session
Another important rule which one should keep in mind when attending a mediation session, is to bring along all of the important documents. Mediation is all about working through one’s differences in opinion regarding the dispute. This is why documents have to be physically present to achieve the best results. For instance, if there is a dispute between a condominium owner and the association of homeowners, it is vital to bring the important documents to discuss the restrictions, conditions, and covenants during the mediation session. Make sure to bring the policy so that only important details are discussed.
- Be Right To A Certain Extent
Every dispute has two parties or more who believe that they are right. In an unsuccessful mediation, the sessions would revolve around the party that is right and who would prevail in case a solution is not reached between the parties. Such mediation would likely end up in court and it would only further delay the process of reaching a solution. Hence, in order to avoid any further delays, it is crucial to be realistic when predicting the outcomes or possible solution. The resolution has to be realistic. Both parties should strive to ensure that they do not try to prove that they are right and the other is wrong.
- Create A Deal
Mediation is not a fight. In a fight, it all comes down to who will win. Besides, fighting requires one party to prove the other wrong without taking into account how the consequences would affect their opponent. Moreover, fighting the other party in court can prove to be extremely expense.
The goal should be resolution and not about just proving a point. But, a lot of effort is needed to discuss various options to ensure that the best possible decision is reached. Therefore, going through different options is similar to creating a deal between the parties.
- Be Respectful To The Other Party
The key to a successful insurance mediation case is mutual respect. Both parties are required to be respectful to each other. In mediation, consent is vital. Normally, a party that has been previously insulted will not give its consent. Besides, a party that feels that it has been disrespected would want to fight the other party and the chances of reaching a resolution would be close to none.
- Be Persuasive
Persuasion is a powerful tool and especially when it comes to an insurance mediation case. In order for the mediation sessions to be successful, one has to be persuasive with regards to the merits of their position in the dispute. It is important to be persuasive to allow the other party to realize the mutual benefits that are offered in any deal. In mediation, persuasion is about using the right approach and at the right time. An emotional tone should be used when discussing the issues. Moreover, objective logic will come in handy.
- Focus On Main Issues
If you want the insurance mediation case to be successful, the focus should be on the main issues. By having an understanding of what you want from the mediation and focusing on the issues that concern you, a successful resolution will be reached. It is important for both parties to know about the issues that concern the other party.
- Become A Problem Solver
To achieve a resolution, one has to reconcile the interests of the other side as well. This is why different options have to be identified and both parties should actively engage in conversation with the other to solve the issues. Brainstorming is a great technique for thinking outside of the box. One has to be a problem solver in order for a resolution to be reached. Problem solving skills are required for reconciling the interests of both the parties. Get creative and have an open mind to solve the issues.
The Best Insurance Mediator
Are you looking for the best insurance mediator? Then, you need to check out the best Cleveland Insurance Mediator. David A. Schaefer has an extensive experience of handling hundreds of insurance mediation cases and has the expertise needed to help resolve the toughest of issues.