March 11, 2021 Articles

Virtual Mediations Can Benefit from Early Insurer Involvement

Five tips for taking advantage of the virtual mediation environment to enhance meaningful insurer engagement and a mediation success.

By Andrew Nadolna
The potential payoff, having an insurer engaged and involved when coverage may be owed, is a big one and worth the effort.

The potential payoff, having an insurer engaged and involved when coverage may be owed, is a big one and worth the effort.

AJ_Watt via GettyImages

There are few corners of the litigation world that insurance does not touch in some significant way. Insurance can cover a wide and evolving set of risks, from cyberattacks to professional malpractice to pollution to individual directors’ and officers’ liability, and sometimes even intellectual property. Even in business disputes involving mainly breach of contract claims, there are often components of the dispute that may implicate insurance issues. Now, when nearly every business is paying extra close attention to its insurance and trying to obtain coverage for business interruption losses arising out of the pandemic, insurers are hearing from more of their customers than ever before. At the same time, mediations have gone online, as discussed generally by my colleague Conna Weiner in her article about best practices in virtual alternative dispute resolution (ADR) (It’s Showtime! What I Learned in 2020 about Doing Virtual Mediations and Arbitrations). In my view, these conditions create great opportunities for litigants to resolve their disputes quickly, with early engagement from their insurance carriers in virtual mediations.

Premium Content For:
  • Litigation Section
Join - Now