I recently saw an advertisement in a magazine for claims professionals proclaiming that there was no such thing as a complex claim. Hmmm.
Every claim is important to the parties. I handled a settlement where the value of the case was approximately $4 million. The defendant had a self-insured retention of $1 million but had refused to notify the excess carrier.
A big part of the negotiation was guiding the risk manager and general counsel through an evaluation exercise so that the right people would be at the table for the next mediation. That was a pretty complex claim.
Claims that will never come close to being labeled “large loss” are important to the parties. Attorneys and adjusters will battle over demands and offers that will never approach the cost of administering the case through adjudication, as if they were discussing the national budget.
Yet, 93% of all cases settle. Smart professionals repeatedly evaluate and turn to mediation to help close those files to avoid spending unnecessary time and money.
You may consider every file in your inventory complex or simple. That doesn’t mean they’re not important. Choosing mediation treats them that way.
Attorney Teddy Snyder mediates workers' compensation cases throughout California. She can be contacted through snydermediations.com.
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