How Adjusters Can Maximize Mediation Impact

Participating in mediation is good practice. Your participation signals seriousness, builds credibility and keeps files moving.

But not all participation is equal.

Having resolved hundreds of cases involving insurers, I've seen how adjusters who actively engage (not just observe) can turn mediation from a box-checking exercise into a strategic close-out tool.

Here's how to make the most of your seat at the table.

1. You Set the Pace

As the party with the settlement authority, you shape more than the numbers - you shape the tone and speed of the negotiation.

What moves files fastest?

• Prompt responses to movement

• Clarity on what's negotiable and what's not

• Support for realistic positioning when defence counsel is navigating pushback

Even subtle signals - like asking to speak with your lawyer privately mid-morning - shows engagement and can unlock new directions.

2. Your Presence Adds Leverage

Plaintiff counsel often adjust their tone when an adjuster is directly involved. They:

• Soften on soft tissue

• Listen more carefully to exposure language

• Move off inflated cost projections faster

That leverage is lost when adjusters take a passive backseat. Being visible, listening actively, and offering real-time reactions helps the mediator apply gentle pressure where it matters.

3. Keep the Reserve in Mind - But Stay Adaptive

You know the number. But you also know that new medicals, witness issues or judge unpredictability can shift a file's real exposure.

Use mediation to:

• Pressure-test the plaintiff's credibility

• Reassess quantum on the fly

• Test settlement options that resolve now vs. prolonged litigation

Adaptability isn't a weakness - it's a claims management advantage.

4. You Help Settle the Claim - Build the Relationship

When plaintiffs see the insurer act fairly, it can take the heat out of the process - even in cases with high emotion or low trust.

Adjusters who explain their logic (through the mediator or counsel) often help move parties past assumptions and into deal-making.

Final Thought

You're already in the room - make it count. Mediation isn't just about approval authority. It's a real opportunity to move files forward. Bring clarity to chaos, and close claims with intention.

At Shafman Resolutions, I work to keep the process focused, respectful, and efficient - especially for insurers. Have a file that needs momentum? I'd be glad to help you move it.