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Friday, March 31, 2017

Mock Mediation — Explosive Coverage Arguments Meet Bad Facts

The participants in this session will actually decide the terms of a mediated settlement between two insurers. The panel, consisting of a mediator, two lawyers, and two claims professionals, will present a summary mock mediation. The lawyers will present the dispute in a neutral fashion to the group, akin to an opening statements, on behalf of the two insurers. The mediator will then elicit, from each claims professional the deal breaker terms, the negotiable terms, and the chatter terms. The participants will then discuss what they believe are the terms of a potential negotiated deal.

Takeaways:
1. The importance of understanding and managing clients' expectations
2. The difference between a win and a resolved matter
3. What it means to prepare for a mediation.