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Thursday, March 24, 2022

The Price Is Right: Claims and Conciliation Edition

Alternative Dispute Resolution touches everything. Conflicts arise in our personal and professional lives, no matter how much we try to avoid them. Join this session for a fun game show-style presentation that demonstrates how the ADR process as a tool, is a game of skill and chance based on facts, figures and focus. Developing skills and techniques to diffuse disputes are imperative, from cradle to corporate. Even children can be taught to make decisions about how to diffuse rising temperatures. No matter the age, knowing the facts, answering questions and the proper use of reality testing can soften even the hardest positions. There is a psychology to negotiating. Intentional decision-making, fact-finding and strategic communications is the key to turning a boiling dispute into a brewing settlement. Watch as claims professionals, lawyers and mediators navigate a sea of conflict and test scenarios to get to a desirable end result. Don't miss this audience-engaging battle that can only end in proving that a case really is worth what it settles for.
Anchors Aweigh: The Anchoring Effect at Trial and in Negotiation

For a ship at sea, an anchor serves the purpose of keeping the ship in place so that it does not drift too far from the anchor. So why talk about ship anchors? Anchoring is also a psychological tactic often used at trial and in settlement negotiations. In the context of litigation, a settlement offer or settlement demand will never be forgotten by either side once it is set. This session will demonstrate the value in identifying when the anchoring technique is being used. Presenters will discuss identifying anchors, establishing counter anchors, and taking back the leverage in negotiation.
The Future of Virtual Trials and Mediations: Where Do We Go From Here?

In this interactive session, discussion will focus on the impact of virtual trials and mediation and how they have effected claim professionals’ planning. Presenters will explore if this will force defendants to pursue more timely investigations and if virtual trials and mediations benefit the insured (defendants) or the plaintiffs. Do they allow for more efficient ways to resolve cases or should we continue reevaluating the process? Have insurers seen cost savings on expenses and severity? What has the audience seen in comparison to the presenters? Real life examples will be used to explore the idiosyncrasies of virtual trials and mediations and how they impact their respective claims.
Not So Friendly Fire: Resolving Disputed Liability Between Defendants in Multi-Vehicle Accidents

Investigating, let alone resolving, multi-vehicle accidents can be difficult given the number of potential claimants, insureds, and the inherent interest to shift the risk of loss to someone else. Settling claims like these short of trial might seem impossible given the inevitable liability disputes, but this session will provide ways to make the impossible a reality.

Friday, March 25, 2022

How to Optimize Your Mediation Outcome BEFORE It Begins

Since the vast majority of civil cases never see a trial and end through some sort of negotiated agreement, preparing for mediation should be just as important as preparing for trial. To optimize a negotiated agreement, it’s important to have a strategy from the very beginning regarding how to approach the claim itself, including the relationship between the participants on both sides. This presentation will offer tips on how to develop and implement a strategy to help optimize settlement negotiations and claim outcomes.