The Altered Landscape Of Mediation

As claims professionals, we start the dispute-resolution process by adjusting losses.

We consider the insurance policy contract as well as state and federal laws when making decisions on what is owed and all factors that influence settlement. The claims process can end by settlement in negotiations, ADR, or trial.

With COVID-19 persisting, all processes are under examination and reconsideration for how resolution may be achieved.

Assessing the possibilities under new constraints is an evolving task. The ‘how’ of protecting the sanctity of the confidential mediation process has been under scrutiny since it became apparent that virtual mediations, in some form, are here to stay.

And while concerns still seem to outweigh the benefits, the results are almost identical to in-person hearings. There are some considerations that I can share from the perspectives of a former commercial adjuster and a mediator.