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What do you call a mediation without a mediator?

25 May 2023

Ian Cooper highlights the key questions to ask when needing to mediate a claim. Find out more.

  • How many times, when the prospect of a mediation looms, do the participants have clear views on the merits of individual mediators.
  • How many times has a significant cost been expended assembling the parties for a day with no result obtained.
  • How many times have you pondered on the significant non-productive mediation time for parties whilst the mediator moves between rooms.
  • How many times have you wondered what added value the mediator provided, having spent time reading in, other than facilitation.
  • How many times has the mediation remained confrontational with no compromises. 
  • How many times do you have to listen to the mediator's introduction "If I have done my job, both parties will be leaving this process dissatisfied".

DWF Adjusting's observation is it far more productive to arrange for the parties to be face to face, afforded time to fully talk through the issues providing both parties with a first-hand experience of the other party.

The parties are not hidden behind correspondence or the mediator and obtain a direct experience of, out of what could be a claim assembled on a number of fronts, what the real issues are.

The outcome is the provision of valuable information to allow each party to reassess positions against the significant costs of not reaching an accommodation.

This resolution strategy is now increasingly being adopted by DWF Adjusting's clients.

So, the question was what do you call a mediation without a mediator?

Naked engagement proving streamlined resolutions.

At DWF, our global Claims Management & Adjusting team have experience across a broad range of areas, including Professional Indemnity, General Liability, Healthcare, Legal Expenses, Motor and Property insurance. To find out more about how our global Claims Management & Adjusting team can support you, contact us.

For support in this area, please visit Claims Management & Adjusting.

Further Reading