A short (half-day) course to introduce the principles and practice of various forms of Alternative Dispute Resolution used in the (re)insurance market, with particular emphasis on Expert Determination and Mediation.
· What is ADR? Alternative to what: litigation, arbitration
· Characteristics all ADR methods: private, without prejudice, party controlled, flexible, assisted.
· Negotiation, facilitation, determination - the different solutions
· The main types of ADR.
· Advantages and disadvantages; when to consider ADR and when not..
· Court attitudes to ADR and costs implications.
· Expert determination
+ Definition; difference from early neutral evaluation
+ How it works; typical procedure; role of the Expert
+ Arbitration - differences and similarities
+ Case study, with delegates' participation
+ Definition; difference between mediation and conciliation
+ How it works, typical procedure; role of the Mediator
+ Qualities of a good mediator; how to choose your mediator
+ Confidentiality; protection of information
+ Evaluative mediation
+ Case study , with delegates' participation
· Application of Expert Determination and Mediation to (re)insurance disputes. "Follow settlements" considerations.
· The settlement agreement - making it binding. Enforceability
· Using these techniques in non-contentious matters - negotiating commutations or complex claims settlements.
On completion of the course delegates will have an understanding of Alternative Dispute Resolution principles, of the current legal approach to ADR, and of the practical procedures involved in the commonest methods applicable to (re)insurance disputes, and the advantages and disadvantages of the different methods.
The course will be appropriate for all those, including brokers, underwrites and claims adjusters, interested in gaining an appreciation of what ADR involves.
An interactive presentation including lecture and participative case studies.
Half day (four hours).