In a personal injury case, it is not uncommon to have several insurers responding to the same accident under quite different exposures. Accordingly, management of a mediation must be carefully tailored to these varying interests.
Let’s take a typical motor vehicle accident injury in which a plaintiff has a tort action against an at-fault motorist, a disputed accident benefits claim (AB), and a long term disability lawsuit (LTD). The tort and LTD claims are in the Superior Court and the AB claims’ disputes must be adjuducated at the Licence Appeal Tribunal (LAT).
A global mediation will take place with the tort, AB and LTD insurers in attendance.
These insurers each approach mediation with different interests that legal counsel and mediators must appreciate.