Alternative dispute resolution processes such as mediation have been growing in popularity over the last few decades, allowing parties involved in a wide range of disputes to come to settlement agreements with the help of neutral mediators. Although the Bolender Law Firm turns to aggressive litigation when necessary, our attorneys are serious proponents of mediation and have participated in many such processes and settlement conferences as coverage counsel for their clients; in fact, we use this platform to settle most cases before they ever go to trial. To date, Jeff Bolender has 200 favorable outcomes under his belt—including some very large wins.
Depending on the insurance dispute, mediation can offer a vast array of benefits over litigation. Going to court can add even more stress to issues associated with an insurance claim, while mediation allows for a more relaxed atmosphere that is often conducive to a less adversarial discussion between the parties. Mediation is often a more attractive mode of dispute resolution too because of the flexibility in venue and times (they can sometimes even be held on the weekends or in the evenings) as well as greater affordability.
Your attorney may suggest mediation, and especially if you are working with a large insurance company. The process is confidential, and discovery is limited. In working with a skilled mediator and attorney, many parties find that not only are they able to reach an agreement quickly, but everyone tends to follow through more compliantly regarding the rules of the settlement and consequent payments. This is usually due to the parties being brought together to reach a resolution proactively, with the mediator working as a neutral facilitator to help them when communications reach a standstill or break down.
Mediation cases between policyholders and insurers may address issues like:
- Disputes over coverage
- Underpaid claims
- Lack of communication
- Lack of investigation
- Lowball offers
- Failure to settle liability claims
- Denial of claims
While mediation is one of our most powerful legal arenas, the Bolender Law Firm has also used arbitration as a successful method of dispute resolution, recently collecting $1 million and $735,000 in arbitration judgments on behalf of insurance carriers against insurance agencies. If you think you may have a case against your insurance company, contact our office as soon as possible for a preliminary evaluation. Alternative dispute resolution such as mediation may be a process that works in your favor much more affordably and quickly.