Real Time Analytics

What survey reveals about finding suitable mediator

At Expedite Resolution we are committed to providing services that the market wants. So we commissioned market researches to ask solicitors, barristers, insurers, loss adjusters, brokers and corporates to tell us what they liked and loathed about the current mediation service offerings.

70% use mediation and achieved savings

The survey showed that a high proportion of the sample have already used mediation and that it has produced savings for them or their client. Despite this almost half of respondents have difficulty in finding a suitable mediator. Most surprisingly 90% do not have preferred mediation provider or panel of approved mediators.

Mediators with insurance claims experience provide better service

71% said that a mediation provider that understands the insurance claims business will provide a better service. One respondent said: “Yes. Because they will have particular insight into how both sides are thinking and negotiating. In addition, they will probably carry more weight with both sides.”

Factors influencing choice of mediator

Recommendation and reputation as a mediator, were by some distance the most important factors. Location and personality of the mediator were least important.

Other findings of the survey include:

  • There were several “bad” experiences of mediation that seem to have been caused by the need to bring a mediator up to speed, not on the specific dispute itself, but on some background principles associated with the dispute, such as the principle of indemnity (which needed to be explained at great length / cost to a mediator from a non-claims sector background).
  • 48% said mediation is built into company procedures and practices and is part of the thinking of their claims teams.
  • “Mediation has to be part and parcel of a litigator’s tactics and should be considered in every case. Cases where mediation is not suitable should be the minority.”

Thank you to those who gave up their time to help us with the survey. We will continue to consult with the market place to ensure we are providing the services you want in the way that you want them. We invite you to contact us by commenting below or calling us on 0844 879 3166.