ADR and Mediation in the Insurance Industry

Trust Mediation worked with Expedite Resolution to host a conference on 30th October 2014 in London on mediation in the insurance industry. Our distinguished speakers were Debbie Masucci, Chair of the Board of the International Mediation Institute and former Vice President of AIG and David Southwell, Head of Personal Injury Claims at Zurich Insurance.

Debbie gave her personal reflections on the how and why she brought mediation to the front and centre of the dispute resolution culture at AIG. You can view Debbie’s slides below. On the question of why companies should use mediation she offered the following reasons:

Debbie Masucci, Chair of the Board of the International Mediation Institute.
  • Control legal spending;
  • Lower claim durations;
  • Retain control over the process and outcomes;
  • Preserve relationships.

Debbie suggested insurance panel solicitors should look to mediation to help them deliver on important key performance indicators such as claim duration and legal costs. Mediations are an opportunity for panel solicitors to impress in front of insurance clients. Claimant solicitors benefit from satisfied clients who get settlement at the right price at an earlier stage of proceedings.

David Southwell, as reported in the Law Society Gazette on 10 November, concluded that both claimant and defendant lawyers need to take a “leap of faith” if mediation is to be used as widely in this jurisdiction as it is elsewhere. Southwell sees mediation as a tool in the toolbox which can be used where appropriate to reach a result that both parties can live with.

David Southwell, Head of Personal Injury Claims at Zurich Insurance

Our experience with personal injury claims is that mediation is preferred over joint settlement meetings in particular where:

  • there are multiple defendants;
  • the respective lawyers’ relationship has become strained;
  • a JSM has already failed;
  • the defendant wants to meet the claimant.

All our mediators have specialist experience in personal injury mediation and we provide in-house training for insurers and claimant and defendant solicitors. Call us on 0207 353 3237 to find out more.