What Adjusters Wish Plaintiff Counsel Understood at Mediation

In Ontario civil litigation, insurance adjusters are a constant presence at mediation tables in motor vehicle, personal injury, and occupiers' liability claims. They attend regularly, often participate in dozens of mediations each year, and play a critical role in settlement decisions.

Because of that, they bring a perspective that is sometimes misunderstood.

After many mediations, I've had informal conversations with adjusters about what helps move cases forward, and what makes resolution harder than it needs to be. While every file is different, a few consistent themes tend to emerge.

1. The Evaluation Happens Long Before the Mediation

By the time mediation day arrives, adjusters usually have a working valuation of the claim.

They have reviewed medical records, damages briefs, liability evidence, and internal reporting. They may also have discussed the file with supervisors or claims committees.

This means mediation is rarely the first time the defence is thinking about value.

What can move the needle, however is clear and organize presentation of damages and risk. When information is easy to digest and tied directly to the legal issues in the case, it gives decision-makers confidence in reassessing their position.

2. Authority Exists, But it has Context

Adjusters typically attend mediation with settlement authority. But that authority often exists within a framework that includes internal guidelines, reporting structures, and reserve levels.

Large movements in position may require justification.

When plaintiff counsel help connect the dots between the evidence and the requested numbers, it makes those discussions easier on the defence side of the table.

In other words, persuasion still matters, even after the opening offers are exchanged.

3. Credibility Moves Files

Adjusters attend many mediations. Over time, they develop a strong sense of credibility.

Claims that are well-supported tend to gain traction. Claims that feel exaggerated tend to face resistance.

That doesn't mean parties need to agree on everything. Mediation is built around differences in perspective. But when arguments are grounded in the evidence and presented reasonably, negotiations often move more efficiently.

4. Flexibility Creates Momentum

Some of the most successful mediations involve parties who are prepared to reassess assumptions during the day.

Adjusters are evaluating risk throughout the mediation process. When new information, explanations, or context emerges, positions can change.

But that process works best when both sides show a willingness to adjust.

A rigid approach on either side can slow the momentum that mediation relies on.

5. The Process Matters

Many cases that do not settle still move significantly closer to resolution.

Information is exchanged. Positions become clearer. Decision-makers gain insight into how the other side views the file.

From an adjuster's perspective, that progress has value.

And in many cases, it sets the stage for resolution in the days or weeks following the mediation.

Final Thought

At their best, mediations are not just negotiations; they are opportunities for decisions-makers to better understand risk.

When adjusters and counsel approach the process with that goal in mind, the chances of resolution increase significantly.

If you have a motor vehicle, personal injury, or occupiers' liability file that may benefit from mediation, Shafman Resolutions would be pleased to assist.