This article was written with the assistance of AI and edited by Angela Sabarese.
In CLM’s most recent edition in its “Insurance 101,” series, “Negotiations 101,” four insurance industry professionals shared their expertise on effective claims negotiation strategies. The panel featured Karen Bamberger, JAMS; Christopher Del Bove, Callahan & Fusco, LLC; Jessica Mauch, Old Republic International Corporation; and Nicolette Strydom, Amerisure Mutual Insurance Company.
Core Objectives
The discussion centered on three core objectives: foundations of effective claims negotiation, preparation techniques and strategy development, and communication approaches for managing expectations. The panelists emphasized that successful negotiations require more than simple bargaining—they demand structured processes, empathy, and collaborative problem-solving.
Strydom highlighted the importance of early engagement, noting that “fair resolution is what we always want. It has to be fair to the insured, to the insurance company, to the claimant. And efficient means the minimum amount of time and expense and getting it done early.” Mauch reinforced this point, stressing that adjusters should “pick up the phone” from day one to establish rapport with claimants and keep them informed throughout the process.
Preparation Tips
The panel discussed critical preparation elements, including establishing settlement ranges, identifying strengths and weaknesses, and understanding all stakeholders' interests. Del Bove emphasized the value of empathy in negotiations, sharing that saying, “I'm sorry,” during mediation can be transformative: "It really kind of took the oxygen out of the room in a good way...plaintiff and his attorney really basically just relaxed at that point."
Bamberger, drawing on her mediation experience, stressed the importance of pre-session calls with mediators and active listening. She noted that mediation provides “a unique opportunity for the plaintiff and the defendant to be heard in a way that a jury is never going to hear.”
The session underscored that successful negotiations require thorough preparation, clear communication, maintaining professional relationships, and understanding that reputation matters throughout one's career in the insurance industry.