Insurance litigation is risky. And if you make the wrong choice in taking your case to trial, you could put your company in a position where it’ll have to pay more than it otherwise would have if the case settled. On the other hand, though, an effective trial strategy could help you sidestep liability altogether. So, which option is best for you?
Generally, you should choose a path for your case only after you’re fully informed of the facts and can gauge the plaintiff’s litigation strategy. One way to effectively do that is to engage in mediation.
How mediation can help you gauge the strength of your insurance defense
During the mediation process, you and the plaintiff will have the opportunity to discuss the facts of the case and try to persuade each other as to why you think you’ll win. This includes hearing how each other’s experts will testify. In some instances, the experts may become part of the mediation process so that the parties can discuss differences of opinion.
This information can be tremendously enlightening, helping you and the plaintiff work towards resolution. But it can also highlight weaknesses in the plaintiff’s case. In these instances, then, you’ll be better positioned to take your case to trial if you can’t secure an outcome that you can live with.
Is mediation right for you?
Again, it depends on the circumstances and what you hope to get out of it. In many instances, engaging in the process doesn’t hurt. To develop the insurance litigation strategy that’s right for you, though, you may want to discuss the facts of your case with your attorney.
