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Mediation for Casualty Adjusters

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The Mediation for Casualty Adjusters course is designed to familiarize adjusters and litigators with important aspects of mediation from a mediator’s perspective as an alternative method of dispute resolution. The module is presented by attorneys Dennis M. Wade, from the firm Wade Clark Mulcahy, and Dawn R. Siebert, of Travelers Companies.

There has been a steady increase in the use of mediation as a means of alternative dispute resolution. Many states are either requiring or recommending mediation prior to permitting a trial. The Mediation course details the important aspects of mediation from the mediator’s perspective.

After completing the course, the attendee will be able to define mediation; outline the types of mediators; understand the importance of research in choosing a mediator; define BATNA and WATNA; describe the stages of mediation; explain the importance of the joint session; discuss techniques that can ensure a successful mediation; explain the meaning of reactive devaluation; describe the importance of timing and why the mediator should never cut to the chase; define the importance of anchoring the opposing side’s expectations; understand the significance of interests versus positions; explain the role of the attorney in a mediation; describe the value in creating the illusion of concession; and outline the importance of controlling the agenda.

The course is designed for practitioners and insurance professionals working in all areas of casualty insurance.

What CE Credit is available?

Note: To qualify for credit, you must submit completion (including a passed final exam if required) within five days of completing the last quiz. No partial credits will be awarded.

State:
Adjuster General CE Hours:
Adjuster Ethics CE Hours:
Attorney General CLE Hours:
State's Course ID:
NH 2.0 467152
TX (classroom equivalent) 2.0 100639
NC 2.0 C02210
FL * ( Provider Number: 364169 ) 2.0 1200491
IL 2.0 485539
WY 2.0 28035
OK 2.0 1023551

* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.

Course Content

What is Mediation?
Expand
Lesson Content

1) Introduction to the topic
2) Mediation defined
a) Becoming a mediator
b) Learning Objectives
c) What is Mediation
i) Required or recommended in many states
ii) “Third-party neutral”
3) Mediation vs. Arbitration
4) During a Mediation
a) Confidentiality
b) Breach of confidentiality
5) Recap

Mediation in Practice
Expand
Lesson Content

1) Choosing a Mediator
a) Two Types of Mediators
i) Facilitators
ii) Evaluators
b) Research your Mediator
2) BATNA
a) Defined
b) Example
c) Defining your BATNA
3) Recap

Stages of Mediation
Expand
Lesson Content

1) WATNA
2) Stages of Mediation
a. Introductions
b. Joint Session
c. Initial Private Sessions
d. Shuttle Diplomacy
e. Dollars and Cents
f. Final Joint Session/Joint Session
3) Recap

The Art of Mediation
Expand
Lesson Content

1) Introduction
2) Reactive Devaluation
3) Cut to the Chase
4) Anchoring
5) Recap

Interests versus Positions
Expand
Lesson Content

1) Introduction
2) Preparing for the Mediation
a) Trusted Advisor or Warrior
3) Who Should Attend the Mediation?
4) Effective Mediation
a) Control the Agenda
5) Recap

Effective Mediation
Expand
Lesson Content

1) Hold ’em, Fold ’em, or Show ’em
2) Say “no” Effectively
3) Go the Distance
4) At the Mediation – Communication
5) Leverage your Power
6) Use Objective Criteria
7) Control the Agenda
8) Create the Illusion of Concession
9) Coverage Case Example
10) Wrap-up
11) Recap

Get CE Credit or Certificate of Completion.

Submit within 5 days to get CE Credit or Certificate of Completion.

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