Introduction

Mediation offers the prospect of an efficient resolution to insurance disputes that may be costly and time-consuming to litigate. Insurance disputes are essential candidates for mediation because:

• it allows the parties to explore their interest at large, beyond the strict letter of contracts and legislation provisions
• it allows the parties to identify the obstacles to settlement and to address complex scientific and economic issues that are often not well-suited for litigation, such as the allocation of loss among potentially liable insurers
• finally, it allows the parties to settle issues in a more comprehensive – and often creative – fashion than may be possible in litigation, with the assistance of a mediator who likely has a better understanding of the dynamics of conflict in the insurance field of practice.

What is mediation

But what exactly is mediation and how does a typical mediation process look like? 

Mediation is a confidential process of communication and negotiation that is managed by a neutral and impartial professional with no decision-making abilities, the mediator. The aim is to prevent, manage, resolve or end a dispute, thus avoiding the increase of tensions, costs and risks, generated even by taking it in the courts of law. Mediation gives all participants the opportunity to craft the rules that govern the dialogue process, to have a voice, to present their perspectives and to propose options that take into account what is most important to them.

In order to achieve these objectives, the mediator can meet jointly but also separately with the participants in the mediation. Also, in order to ensure all the conditions for an informed decision, the parties are encouraged to be advised in the mediation room by lawyers or other advisors. They have an essential role and become veritable agents of reality in mediation.

Specialized mediators

All our mediators are seasoned professionals with solid knowledge, skills and certified experience in the dispute resolution field. Yet, some of the ADR Center Romania mediators are specialized.

To see a list our mediators specialized in mediating insurance disputes, click here.