Auto Claims Mediation

7 The Fifth Step - Preparing for the Conference You will be asked to prepare a “Mediation Conference Statement.” Your statement must summarize the claim and the reason for it, identify the costs or damages sustained, state what you consider a fair resolution of the claim, and identify prior demands and offers, if any. A date will be set at the pre-mediation conference for you to send a copy of your statement to the insurance company and the mediator. The company will also prepare a statement and send you a copy. In addition, the mediator has the authority to request that you or the company bring to the mediation additional documentation for review. In preparing the statement, and for the mediation you should: • Define and analyze the issues involved in the dispute; • Consider your entire situation (what you can realistically expect, time constraints, available resources, legal ramifications, business or trade practices, costs, etc.); • Identify your needs and interest in settling the dispute; • Prioritize the issues in light of your needs; • Summarize your claim and the reasons for it; determine what possible solutions might satisfy your interest; • Review the strengths and weaknesses of your case; • Gather and be ready with facts, documents, complete policy, letters, photographs, and itemized dollar estimates, bills, reports, other items and sound reasoning to support your claims; • Anticipate the other party’s needs, demands, positions, version of facts, strengths and weaknesses.

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