Resolving insurance coverage disputes through mediation requires careful assessment of three unique elements: the insurance policy, the rules applicable to the application of the policy and the cases construing the policy. Evaluative mediation provides the best approach for resolving these disputes. It requires parties, counsel and the mediator to evaluate the strength and weaknesses of coverage issues, and it provides for input from the mediator as to possible outcomes of the case. There are also other issues unique to insurance coverage cases that must be addressed in the mediation process.
Why the Evaluative Approach? -
More than any other type of case, the outcome of an insurance coverage dispute relies heavily on precedent. Counsel must educate the mediator regarding both the policy provisions at issue and how court interpretations of those provisions apply to the case at hand. The evaluative approach provides the most appropriate mechanisms for doing just that.
Originally published on Law.com on August 1, 2014.
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