News & Analysis as of

Mediation Dispute Resolution Insurance Litigation

JAMS

When Mediations Fail, It’s Not Always About the Facts

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Civil litigators are acutely aware of the benefits of mediation in resolving their clients’ disputes. Typically, prior to the filing of a lawsuit, the would-be plaintiff and defendant have been exposed to the dark side of...more

Miles Mediation & Arbitration

Master your Next Mediation: Advice for Attorneys

Crowded court dockets mean the interest in, and need for, alternative dispute resolution (ADR) continues to grow throughout Texas. How can you set the stage for successful mediation? When is the right time to mediate a...more

Miles Mediation & Arbitration

Trying To Reason with Hurricane Season: Mediating First Party Property Insurance Claims

Lured by the dream of living in a sun-drenched paradise, with a lower cost of living, and in the case of Florida, no state income tax, hundreds of thousands of Americans have migrated to Florida and the Gulf South over the...more

Miles Mediation & Arbitration

Trending Issues in Florida Construction Law: Issues for Attorneys to be Aware of

Given the nature and complexity of construction projects, it’s not surprising that construction law is an ever-evolving amalgamation of federal, state, and local laws, rules, and regulations. Construction cases often include...more

Lowenstein Sandler LLP

Mass Arbitrations: Who Pays? Part II

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Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and...more

JAMS

What is the potential of Alternative Dispute Resolution (ADR) in insurance? “The insurance industry is the cornerstone of...

JAMS on

The daughter of a pastor and a nurse, Rebekah Ratliff, mediator and arbitrator at JAMS, knows what it means to build and live a service-orientated life. Speaking with Insurance Business ahead of a JAMS-sponsored event...more

Lowenstein Sandler LLP

An Uncompromising Insurer: What is a Policyholder to Do?

Lowenstein Sandler LLP on

Eric Jesse addresses the unfortunately common experience during mediation of when an insurer balks at settlement resolutions: should a policyholder walk away, “pay and chase,” offer the right to receive insurance proceeds, or...more

Lowenstein Sandler LLP

Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer

Lowenstein Sandler LLP on

What should a policyholder do if its insurance company refuses to pay all or most of a settlement offer made during mediation? Lynda A. Bennett and Eric Jesse outline the options, from the less-than-ideal approach of walking...more

Lowenstein Sandler LLP

Seven Tips for Mediating Complex Insurance Coverage Disputes

Lowenstein Sandler LLP on

Mediation can be a viable way to reach a satisfactory settlement on an insurance dispute. When successful, mediation offers a less costly and time-consuming alternative to litigation and often allows for more candor and...more

Zelle  LLP

Insurer Considerations For Post-Pandemic Virtual Mediation

Zelle LLP on

As the number of COVID-19 cases increased in the course of the pandemic, so too did the use of virtual mediation as a means of dispute resolution. The utilization of mediation to resolve disputes has quickly become even more...more

JAMS

Benefits of Virtual ADR in Insurance Disputes: Ten Reasons To Consider Resolving Disputes Virtually

JAMS on

There has been a lot of talk lately, and a lot of presentations, about the pros and cons of virtual alternative dispute resolution (ADR)—video arbitrations and mediations. I recently participated in one such program, but it...more

NAM (National Arbitration and Mediation)

Some Thoughts On Insurance And Reinsurance Mediation

Having served as a commercial mediator for the Southern District of New York mediation program for 28 years, I have some thoughts about the use of mediation to resolve insurance and reinsurance disputes. My perspective is...more

Miles Mediation & Arbitration

Why Are Insurance Subrogation Recoveries So Hard Fought? A View from the Inside.

“Don’t worry, we will get it back in subrogation.” These words are often heard in the insurance claims world to soften the blow of a significant settlement or judgment. They might be said to support an account`s deteriorating...more

NAM (National Arbitration and Mediation)

Looking F O R W A R D: The ADR Option To Resolve Commercial Insurance Coverage Disputes

New York residents have been asked to “P A U S E.” Across the Nation there is an all-out effort to “Slow the Roll.” Our scientist-leaders have implored us to “social distance.” The historic and courageous acts of healthcare...more

NAM (National Arbitration and Mediation)

The Challenges In Mediating Multi-Defendant Cases

One of the challenges a Mediator faces is multi-defendant litigation where the defendants are consumed with the issues among and between each other and are drawn more to in-fighting than in addressing the claims of the...more

JAMS

Early Mediation of Insurance Coverage Disputes

JAMS on

Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common. In part, this trend is the result of ADR provisions in insurance policies that require that the policyholder and insurer...more

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