- To resolve the claim in a fair and equitable way. Pg. 03
 - Negotiating styles can roughly be broken into two main divisions:
 - rights-based negotiation where one party will lose and the other one will win;
 - interest-based negotiation where cooperation is stressed and each party is expected to make concessions to the other in order to eventually answer to both parties' needs.
 - Negotiators use repetition to help people remain focused. Pg. 04
 - The adjuster can express his empathy for the injuries sustained “...I’m sorry this has happened...” but avoid indicating you know how it feels. Pg. 09
 - Reactive devaluation occurs when the other party interprets your first settlement offer as being the lower end of the settlement range and will react by looking for a larger number. Pg. 10
 - When negotiations break down or the claim was denied, mediation is possible instead of litigation. Pg. 11
 - The mediator must be neutral and skilled in negotiation, communication, interviewing, and counselling. Pg. 14
 - Loss adjuster can act as the insurer’s representative during mediation proceedings. Pg. 15
 - The adjuster should have the authority to agree to a settlement in mediation, otherwise another representative will have to be brought in (with the authority) and much time and effort would have been wasted. Pg. 15
 - Litigation council is most comfortable with the adversarial system and may not adapt well to the co-operative nature of mediation. Pg. 16
 - Council participates in negotiation, interprets information, and provides feedback as necessary. Pg. 16
 - The mediation agreement sets out all the terms and conditions of the mediation, including confidentiality. Such items as:
 - Who will pay the costs
 - What will happen if mediation is cancelled
 - Issues of confidentiality
 - Other terms that may be a source of contention later. Pg. 17
 - Expert witness testimony tends to carry more weight if opposing council may question them. Refusing to allow opposing questions will cast suspicion on the testimony given. Pg. 20
 - Mediators use separate, private, side meetings in mediation known as caucusing. Pg. 20
 - “Jackpot syndrome” occurs when a claimant feels they have a very good case and can secure a larger settlement at trial. This is a problem because it is a disincentive to the claimant to continue with mediation. Pg. 22
 - 3 options available should negotiations break down:
 - Neutral evaluation.
 - Arbitration.
 - Litigation. Pg. 22
 - Surveillance evidence should be disclosed in the mediation summary and sent to counsel ahead of time. Pg. 20
 - Two approaches in caucusing are commonly used:
 - everything discussed can be revealed to the group as a whole;
 - everything revealed is confidential unless agreed that it can be shared with the group;
 - promise of confidentiality encourages participants to disclose information fully;
 - Each party may lose if goes to litigation; legal fees are not usually recovered;
 - each party assesses the current situation and what their chances of success would be in court;
 - claims rep have an opportunity to reflect on what was said.
 
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