Thursday, April 9, 2015

Be Ready For Your New Career With Online Mediation Training

By Joanna Walsh


As all insurance adjusters know, the fields of insurance and law are inexplicably linked due to the high numbers of insurance claims which go into litigation. For this reason, adjusters are required to keep abreast of relevant case laws regarding their professional specialty, and they must renew a professional license each year. However, few of them ever consider online mediation training.

Mediations are meetings of all parties of interest in a lawsuit. These parties must each have what is known as a vested interest, meaning they all have a financial stake in the outcome of the case. They come together behind closed doors, in the presence of a sworn-in judge, to negotiate a settlement rather than take the matter to trial.

Because Lloyds is a large syndicate of insurance companies, they are able to spread their risk world-wide and make available insurance for risks which would otherwise be uninsurable. The claims made against them often turn into lawsuits. The difficulty for the adjuster and defense counsel for the insured, no beneficial outcome is anticipated, and they are simply attempting to settle a case as quickly and inexpensively as possible.

Settling out of court is especially important when the case is being tried in a very liberal venue. Areas known as Blue States often make huge pay-outs to plaintiffs, allowing the liability limits of the insurance policies to be paid out very quickly so new Plaintiffs in the future are forced to sue the insured directly. Some of the more conservative venues openly frown upon this practice, and considerably more pressure to settle the case can be directed toward the Plaintiff.

Once litigation is filed in most instances, it is then illegal to communicate directly with the Plaintiff, and everything must go through their attorney. That restriction does not apply in cases where the adjusters are working for a third party administrator rather than the insurance company directly. In such cases, the adjuster is able to freely communicate with all parties to a case.

During mediations the adjuster may very well have the most control of the room, outside the Judge. They are assigned the task of settling the claim fairly and equitably, that day whenever possible. This adjuster can negotiate, communicate with all parties involved, direct counsel on how to proceed, and sign the settlement themselves.

One is not required to have anything more than a high-school education in order to become an insurance adjuster. They can take a weekend class that, in most states, takes only forty hours. Once they pass a test and receive their license, they can begin working in the field right away. Mediations can be intimidating to anyone who has not attended one, so being granted additional instruction helps to ensure that the adjuster will know what to expect, and what is expected from them.

For lawyers who wander into this field of expertise, it is recommended that they pursue this additional instruction as well. This is especially true for anyone who has not worked as, or with, insurance adjusters previously. Practicing law is very different from practicing insurance, and attorneys who represent the Insurer often do not have a clear understanding of how to practice insurance.




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