Schedule/Sessions
Overview and Ice Breaker
- Speakers:
Joseph Mak, RiverStone Resources LLC
Michele Newman, Hamlin & Burton Liability Management, Inc.
Evaluating Your Case for Mediation - PART 1
- Speakers:
Robert Calamari, Nelson Mullins Riley & Scarborough LLP
Diane Messerschmitt, Triton Claims Management, LLC
This is Part 1 of a presentation on the framework for how to evaluate cases for early mediation. The course addresses topics including assessing the best time to mediate, identifying information that is essential before participating in a mediation, properly using all available resources at the earliest possible stage to obtain the essential information, including the insured in the process for both information gathering and possible participation in the mediation, involving defense counsel and setting expectations for his/her role in the process, engaging claimant’s counsel to assess the potential for a successful mediation, and assessing the strengths and weaknesses of the case prior to mediation.
Evaluating Your Case for Mediation - PART 2
This is Part 2 of a presentation. The course addresses topics including what is the ideal outcome; including the insured in the process for both information gathering and possible participation in the mediation, involving defense counsel and setting expectations for his/her role in the process, engaging claimant’s counsel to assess the potential for a successful mediation, and assessing the strengths and weaknesses of the case prior to mediation.
Back to topPre-Mediation Considerations: Mediator Selection and "Designing" Your Mediation - PART 1
Are you a claims professional who is seeking a clearer understanding of how to set specific goals for mediation and effectively prepare for the mediation session, how to select a mediator and how to be actively involved in designing the mediation process? This course will give you the tools you need to assess your goals for mediation, evaluate different mediation styles and models, and ensure that you select a mediator who will assist you in working towards your goals using techniques that are appropriate to the case.
Pre-Mediation Considerations: Mediator Selection and “Designing” Your Mediation - PART 2
Are you a claims professional who is seeking a clearer understanding of how to set specific goals for mediation and effectively prepare for the mediation session, how to select a mediator and how to be actively involved in designing the mediation process? This course will give you the tools you need to assess your goals for mediation, evaluate different mediation styles and models, and ensure that you select a mediator who will assist you in working towards your goals using techniques that are appropriate to the case.
Principles of Negotiation and Psychology PART 1
This is Part 1 of a presentation on the principles of negotiation. There will be a discussion on preparation, development of strategy, identifying goals and expectations, identify your strong points, understanding the opponent, the mediator, and working towards a win-win situation. The course then will proceed with a presentation on the game theory, which is an introduction into the second part of the course, a discussion on the psychology of negotiation.
Back to topPrinciples of Negotiation and Psychology PART 2
This is part 2 of the presentation. This presentation will discuss the various cognitive biases that impact the ability of claims professionals, claims analysts, and risk managers to perceive and place value on things; to separate emotions from logic and to interact socially in a bargaining situation. Several theories of psychology will be addressed, such as loss aversion, framing, in group/out group bias, escalation of commitment and anchoring.
The presentation will also discuss influence tactics, which are designed to increase the likelihood of one's opponent finding a proposal more appealing based on how it is framed. These tactics are explained in the context of common negotiation scenarios such as the opening offer, responding to the extreme demand, how to handle concessions, delivering good/bad news, bluffing and blocking techniques, as well as impasse-breaking techniques.
Negotiation Within Mediation and Creating Momentum to Agreement
Mediations are an incredibly effective tool when parties have reached a negotiation impasse. A challenge at mediation is working the balance between drawing out the parties’ interests and thoughts for resolution – while exerting sufficient influence to maintain a structured and progressive discussion for resolution.
Negotiations risk a communication break-down per excessive assertion of individual interests, stalling consensus (emotions, withdrawal, etc.). Mediation brings value by developing a transparent, constructive process while preserving the ability to keep people at the table via the use of an effective mediator and techniques.
Parties turn to mediation since they cannot resolve cases without outside assistance. However, as part of the mediation process, the parties often reach a point where they perceive that they can no longer “move” to a settlement.
While generally termed as an “impasse” this does not really describe point reached by the parties – as an “impasse” describes a truly unbridgeable gap between the parties. Instead the parties have now become “stuck,” usually due to psychological barriers that prevent them from further movement even though the parties recognize that it is in their best interest to reach a settlement.
The mediator must bring to the table the creativity to break an impasse. Effective participants will also be open to an engage in impasse breaking techniques, including the use of a structured settlements.
Settlement and Post Mediation Considerations
While financial issues dominate most mediation sessions, more often than not they are not the only issues demanding attention before a mediation is successfully completed. Additional issues often arise when memorializing, consummating or enforcing the agreement of the parties. If these issues are not properly handled, the hard work that brought the parties to the doorstep of settlement can be undone. This course will identify and explain the most frequently encountered non-financial issues in order to provide the claims professional with knowledge and confidence for the final stage of completing a successful mediation.
But what happens if the parties leave the mediation without an agreement in place? This course will also provide guidance on making the most of the mediation process even when it does not result in an immediate resolution. We will also address concerns related to reporting on the mediation to stakeholders and using each mediation experience to strengthen one’s skills to become a practiced and successful participant for future endeavors in mediation.
Hands on Negotiating - Role Play 1
- Speakers:
Robert Calamari, Nelson Mullins Riley & Scarborough LLP
Jason Rosen, Rosen Resolution, PLLC
Jeff Trueman, Jeff Trueman, Esq., Mediator
Mediation is a process. However, often, parties, attorneys, and claims professionals are not sure of how to work through the process. The difficulty is often that there is not much of a chance to hone your mediation advocacy skills – you never want to practice on a current claim or case. This session will put into play the various items including preparation needed and negotiation within a mediation that are needed to create an opportunity for the attendees to put these skills to use. The first role play will focus on the pre-mediation considerations and preparation and the evaluation of a claim as well as the initial portion of a mediation including any initial joint sessions, presentations, and set up of the mediation process.
Back to topHands on Negotiating - Role Play 2
Mediation is a process. However, often, parties, attorneys, and claims professionals are not sure of how to work through the process. The difficulty is often that there is not much of a chance to hone your mediation advocacy skills – you never want to practice on a current claim or case. This second role play session will put into play the skills learned in the course to date including conducting a negotiation within a mediation, using multiple techniques for negotiation and breaking impasse, as well as handling ethical issues that arise in mediation.
Back to top
