Tennessee Administrative Office of the Courts

“Understanding Mediation and Claim/Case Management within Large Corporations to Assist Mediators in their Effectiveness”

Date / Time: 
October 10, 2013 - 12:00pm - 1:00pm
Event Type: 
Mediation Courses

“Understanding Mediation and Claim/Case Management within Large Corporations to Assist Mediators in their Effectiveness”

1.0 Hour of General Mediation Issues

Presenter Steve Heckle

Questions that will be answered and topics will, at a minimum, include:

1.       Who in corporate America is making the decisions on claims/case, e.g., settle, mediate, go to trial?  Who are the “buyers” of mediation at the corporate level and what influences them?  

To effectively provide mediation services and build a client base it is important to try and understand those that ultimately make the decisions on case strategy and the use of mediation.  Here, we will discuss the typical departments that drive the decisions and their key decision makers. 

2.       How does insurance work in companies with large deductibles or “self-insurance?”

Insurance for the alleged wrongdoing can be a major component of the case strategy decision making process if not all of it.   For large companies, the role of insurance becomes less influencing and often has zero input depending on the level of risk the company has taken.   Insurance is often misunderstood and here we will cover the basics of several key policies, explain “self-insurance,” how claims are handled including the use of third party administrators, and in particular for the larger companies how it is less about insurance and more about risk management.    Mediators that understand this better relate and communicate with clients and will be more effective in mediations understanding the respective roles of participants from the typically defense side.

3.       We will review actual results of mediation for real cases/claims and how this financially impacts company reserves/results…why it matters.     

The bottom line for business is ultimately the measure of success.  If mediation wasn’t proving to save money, it wouldn’t be used very often by corporate America.   We will review some real-life examples and results that demonstrate it can work very effectively.    We will explore how the financials of typical large publically traded companies reserve for claims/cases, adjust  for the results and how claims/cases resolved favorably can impact those numbers.   Mediators that better understand what goes on financially driving decisions can be more effective.

4.       If mediation is working so well, then why aren’t larger companies pro-actively using mediation and what can the mediation profession do about that?

We will explore this question as to what mediators might do to better market themselves for this audience.

Lipscomb University
Ezell Center, Room 301
Nashville, TN 36° 10' 0.0012" N, 86° 46' 59.9988" W