Effective Mediation Strategies for Insurance and Reinsurance Disputes

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Presentation transcript:

Effective Mediation Strategies for Insurance and Reinsurance Disputes

Introduction and Agenda Setting the stage Mediation fundamentals Mediation advocacy Reinsurance mediation Practical tips and guidance

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Mediation fundamentals The mediation process Similarities to arbitration and litigation Differences between mediation and arbitration and litigation

Mediation fundamentals Benefits to mediation Drawbacks to mediation

Mediation advocacy The mediator’s role Preparation Effective mediation advocacy How to guide the parties towards a deal

Mediation advocacy Party objectives: When to pursue or agree to mediation Choosing the right mediator – evaluative v. facilitative Effective mediation advocacy When to end mediation

Mediation advocacy How to address: Pre-mediation communications narrowing the gap and focusing the mediation Mediation briefs exchange between parties? Opening statements – pro’s/con’s

Mediation advocacy How to address: Shuttle diplomacy v. multi-party sessions How to keep the momentum going Closing gaps brackets, mediator proposals, high/low Monetary v. non-monetary offers

Mediation advocacy Reinsurance mediations

Tips and guidance For mediators For company representatives For policyholder/cedent counsel For insurer/reinsurer counsel

For questions or further discussion Benedict Lenhart: blenhart@cov.com Ryan Russell: ryan.russell@allianzrm-us.com Michael Young: Myoung@JAMSADR.com Ellen Farrell: ellen.farrell@squirepb.com