Wednesday, April 15, 2015

Be Ready For Your New Career With Online Mediation Training

By Joanna Walsh


As all insurance adjusters know, the fields of insurance and law are inexplicably linked due to the high numbers of insurance claims which go into litigation. For this reason, adjusters are required to keep abreast of relevant case laws regarding their professional specialty, and they must renew a professional license each year. However, few of them ever consider online mediation training.

For those who are unfamiliar, mediations are special meetings with the Judge where all parties to a lawsuit are required to appear and negotiate a fair settlement of the claim. Each party must be able to show that they have a vested, or financial interest in how the case comes out in the end. Taking these cases to trial is expensive, clogs the legal system, and involves a great deal of risk where the settlement is concerned.

In claims such as those filed against members of the Lloyds Underwriting Syndicate, the adjuster is merely attempting to get the case concluded for the least amount possible. This may sound crass, but those policy limits are often paid out. This is due to the fact that Lloyds handles risks which would be regarded as uninsurable by other companies.

It is often in the best interests of a litigation specialist representing the Lloyds Syndicate, that they settle the case out of court. Especially when working in a very liberal venue, such as in South Carolina or the three West Coast states. However, in the more conservative venues, pressure may be applied to the Plaintiff rather than the Insured to settle the case rather than go to trial and get nothing.

In nearly all litigated cases, communication cannot be made directly with the Insured who has filed a lawsuit. However, the Adjuster, or Litigation Specialist, may speak to the Insured when he or she represents a third-party company. This means that they are not hired directly by the insurance company, but are a totally separate entity.

During mediations the adjuster may very well have the most control of the room, outside the Judge. They are assigned the task of settling the claim fairly and equitably, that day whenever possible. This adjuster can negotiate, communicate with all parties involved, direct counsel on how to proceed, and sign the settlement themselves.

One is not required to have anything more than a high-school education in order to become an insurance adjuster. They can take a weekend class that, in most states, takes only forty hours. Once they pass a test and receive their license, they can begin working in the field right away. Mediations can be intimidating to anyone who has not attended one, so being granted additional instruction helps to ensure that the adjuster will know what to expect, and what is expected from them.

One cannot stress the importance of these additional Internet courses for the attorneys. They might be familiar with mediations, working in conjunction with an insurance adjuster is very different. These two groups approach the handling of these cases in a different manner, and one must be able to practice insurance as well as law.




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