This article was written with the assistance of AI and edited by Angela Sabarese.
In a recent CLM webinar, titled, “When Preparation Meets Opportunity: Best and Worst Mediation Practices,” three industry experts shared their insights on maximizing mediation effectiveness. The panel featured Nanci Schanerman, senior counsel at Clyde & Co.; Kandice Dix, a claim consultant at Flood and Peterson; and Carly Falgout, a Florida Supreme Court certified mediator and arbitrator at Bear Mediation.
Preparation for Successful Mediation
The panel emphasized that preparation is the cornerstone of successful mediation. As Falgout noted, “[a] lot of people, in our experience, just sort of log into their calendar and pop into a mediation, but don't get the full value out of the process because they didn't put in the legwork before the mediation began.” This preparation includes understanding the timing and purpose of mediation, thoroughly researching damages, addressing liens, and establishing clear authority parameters, she added.
Communication, Reserves, and Practicality
Communication emerged as another critical theme throughout the discussion. Schanerman emphasized, “[t]ransparency and communication [among] ourselves, outside counsel, the industry professionals, the insureds, and the mediator is going to be huge in actually getting a resolution and making the most of the mediation process.” The experts recommended pre-mediation meetings with opposing counsel to review damages and prevent surprises during the session.
From an industry perspective, Dix stressed the importance of “making sure we have the proper reserves that…the client, the attorneys, and the adjuster on our side are all under the same mindset and making sure that we are all kind of together in that.”
The panel also addressed practical considerations like mediator selection, handling unrealistic demands, and the effectiveness of virtual mediations. They unanimously agreed that Zoom mediations have proven equally effective as in-person sessions, offering increased convenience and accessibility.
The overarching message was clear: successful mediation requires deliberate preparation, transparent communication, and realistic expectations from all parties. By approaching mediation strategically rather than treating it as a procedural formality, participants can significantly increase their chances of achieving favorable resolutions.