Business disagreements of any kind are suited to mediation: between government and private enterprise, large or small companies, small businesspeople, retailer and consumer, principal and agent.
A disagreement may on its face be about nothing more than money; but often the true origin of the argument is not apparent. Mediation is usually the first opportunity parties have to meet face-to-face since their disagreement arose, and that can be a powerful event.
They get to state their case; but for the first time they also get to hear and understand the other side’s case.
One of a mediator’s skills is to help parties identify the true cause of their dispute, see the other’s point of view, and find a solution that works for both.
Intractable litigants who looked to be doomed for an expensive court battle have, through mediation, not only solved the problem in a way that satisfies both of them, but preserved and even strengthened their valuable working relationships.
Mediation gives the parties control of the result, reduces legal costs, eliminates the stress and uncertainty of a trial, and increases the chances of negotiating a compromise.
Insurance disputes involving insured property, businesses and other valuable assets always lend themselves to a negotiated solution. With more than 20 years in the industry we know that early intervention in disagreements between insurers and their customers is the best way for both.
For the policy-holder, mediation gets a financial settlement more quickly, reduces the cost of legal representation and the waste of executives’ time and energy spent in giving instructions to lawyers or evidence in court, and gives them a degree of control over the process that they are denied in litigation.
For the insurer, the cost is much less, while staying out of court avoids the uncertainty of a trial and the risk of a negative precedent. Insurers who negotiate through mediation are acting in the interests of their shareholders and their policyholders because they keep costs down, maintain a positive image and build strong relationships with brokers, existing and future clients.
Domestic insurance disputes can involve anything from a lost piece of jewellery to a damaged car, fused electrical motors, a storm-damaged house or income protection issues. Insurance policy wordings are often complex and ambiguous, and they have to be read in the context of legal precedent and evolving legislation. Our experience in litigation and the insurance industry can of great benefit to both parties in reaching a mutually acceptable outcome.
Personal insurance policies such as life insurance, income protection and superannuation give rise to disputes that can be complex and difficult to resolve. The dispute usually arises out of events occurring years or decades earlier.
Our legally-trained mediators have the skills and experience to negotiate the sometimes impenetrable thicket of facts and allegations that obscure the issues.