Making an Insurance Claim Mediation Request: Benefits of Mediation vs Litigation and How to Request Your Insurance Company to Mediate Instead of Litigate

Image Source: FreeImages‍ Navigating the insurance claim process can be a daunting task and can often be a source of much stress and anxiety. It is important to understand the various options available to you in order to make the best decisions for your situation. One of the most beneficial options is to request that your insurance company opt for mediation as opposed to litigation. Mediation is a much less costly, less time consuming, and less adversarial process than litigation, and it can often yield a more favorable outcome for the insured. This article will explore the benefits of mediation versus litigation and how you can request that your insurance company mediate instead of litigate your claim. Benefits of Mediation vs Litigation There are several key benefits of mediation versus litigation that policyholders should be aware of. Firstly, mediation is much less costly than litigation. This is because mediation does not require an attorney and does not incur an attorney’s fees. Apart from the direct costs associated with litigation, mediation can also save you attorney fees. Another key benefit of mediation is that it is much quicker than litigation. Litigation can often take several months or even years, whereas mediation can sometimes be completed in a matter of weeks. Mediation is a much less adversarial process than litigation. In litigation, you are pitted against your insurance company, and the insurance company is going to do everything it can to deny your claim. In mediation, you are still going to be fighting for your claim, but you will be doing it with your insurance company as your partner. The insurance company is not going to put up any roadblocks or try to prevent you from receiving the benefits you are entitled to. In fact, they are going to be working with you to help you collect everything you are due. Another key benefit of mediation versus litigation is that the process is much more flexible and adaptable than litigation. This is because mediation is an ongoing process and is not governed by a specific timetable or timeline like litigation. Additionally, mediation allows for discovery, which is the process where each party is allowed to explore the other party’s evidence and facts. Litigation does not allow for discovery, and this can often be a source of frustration for policyholders. What to Expect in an Insurance Mediation The first thing to understand about an insurance mediation is that it is very different from a settlement conference. A settlement conference is a pre-negotiation meeting between you and the insurance company in which the mediator is advising the two parties on how a possible settlement might look. In other words, the mediator is not making any specific recommendations or suggestions, but he or she is simply guiding the two parties through the process. A mediation, on the other hand, is the actual negotiation process where the policyholder, their attorney, and the claims adjuster meet with the mediator present. The mediator will guide both sides through the entire process, help them identify the issues, encourage them to reach a settlement, and facilitate the settlement negotiations. While the mediators usually have a strong legal background, it is important to understand that they do not have any authority over the insurance company and do not have the power to enforce any agreements between the two parties. How to Request Insurance Company to Mediate If you are hoping to obtain a more favorable outcome for your claim, you should strongly consider asking your insurance company to mediate. If you are hoping to obtain a more favorable outcome from your insurance company, you should strongly consider requesting that they mediate instead of litigate your claim. To do so, you will need to follow certain steps. First, you will need to determine which type of claim you have. Different types of insurance policies have different mediation procedures. Next, you will need to initiate contact with the insurance company and inform them that you would like to have your claim mediated as opposed to litigated. The insurance company has the right to deny your request, and they may do so for any reason. However, it is important to understand that they are obligated by law to mediate your claim. If they refuse to mediate, they may have grounds to deny your claim. Insurance Company’s Obligation to Mediate In general, all insurance companies are required by law to mediate all claims. This means that you do not need to request mediation; it is the insurance company’s obligation. While mediation is an obligation for all insurance companies, not all insurance companies will mediate a claim, and those that do may choose to do so at varying stages of the claim process. This can be frustrating for the policyholder and even more so for the attorney representing them. The first mediation meeting between the insurance company and your attorney can usually occur after you have filed a lawsuit and while you are waiting for the court to set a trial date. The second mediation meeting can usually occur after you have filed a lawsuit, after the case has been set for trial, and you have obtained a judgment. Mediation Negotiations The mediation negotiations can vary greatly depending on the type of claim being mediated. Some common issues that are often discussed during the mediation negotiations include the type and amount of damages, the type and amount of relief, and the type and amount of attorney fees. While the mediation negotiations can vary greatly, there are certain rules and guidelines that both sides must follow. First, both sides must come to the table with an open mind and an open heart. Negotiations can be very emotional for both sides, and it can be easy to get caught up in the moment. At times, it can also be easy for one side to become disrespectful or combative with the other side. It is important to come to the table with an open heart, be respectful of the other side, and genuinely be open to discussing any and all issues surrounding the claim. Second, both sides must have the authority to negotiate and settle the claim. This means that the person making the mediation negotiations must have the authority to settle the claim. While it is often the claims adjuster who comes to the mediation meeting, it is important to be aware of who is actually making the settlement negotiations. Third, both sides must come to the table prepared. It is important to come to the table with an open mind, a general idea of what you would like to see happen, and a general understanding of what the other side might want to happen. It is also important to come to the table prepared with all of the facts and damages related to your claim. Final Agreement If mediation is successful, a final agreement will be reached between the two parties. This agreement will outline the terms of the mediation, what each party agreed to, and how they will move forward after the mediation meeting. The parties will also sign a mediation agreement that explains the terms of the mediation, what each party agreed to, and how they will move forward after the mediation meeting. The mediation agreement will become part of the court record and can be used as evidence in a lawsuit if one is filed after the mediation meeting. If mediation is unsuccessful, the insurance company will deny your claim. If mediation is unsuccessful, you can either take the claim to litigation or appeal the insurance company’s decision. If you appeal the decision, it must be done within 30 days of receiving the insurance company’s decision. If mediation is unsuccessful, you can either take the claim to litigation or appeal the insurance company’s decision. If you appeal the decision, it must be done within 30 days of receiving the insurance company’s decision. Conclusion This article explored the benefits of mediation versus litigation and provided readers with insight into what to expect during the mediation process. It is important to note that mediation is a process that occurs throughout the life of a claim. This means that mediation can occur at any point during the life of a claim and can be beneficial at any point during the life of a claim. It is important to be aware of the benefits of mediation versus litigation and to be proactive in requesting mediation. -Lonnie LuPardus LuPardus v Homesite (KS, 2021, Johnson County Kansas)