C111 Advanced Loss Adjusting Chaper 5 Negotiating and Mediation

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9) What is the loss adjuster's goal in a settlement negotiation?

The loss adjuster's objective is to resolve the claim in a fair and reasonable way.
10) Identify and define the 2 bases for negotiating styles. How do they differ from each other?

Rights-based negotiation: results in 1 party losing and the other 1 winning. It tends to be adversarial and it is the traditional model used in litigation.

Interest-based negotiation: stresses cooperation between parties. Each party is expected to make concessions to the other in an effort to acknowledge the needs of both parties. It tends to be less disruptive and it is most closely associated with mediation.
11) What tools can be used by negotiators, in a negotiation session, to remain focused on the issues?

Skilled negotiators tend to be composed, courteous, able to analyze information quickly, and on the serious side. The goal is to create a comfortable atmosphere for the participants. Skilled negotiators tend to be good listeners. They carefully summarize or repeat main ideas to demonstrate respect by being attentive and trying to understand what is being said. However, it should be done subtly - mechanical repetition will seem stilted or even strange. Negotiators use repetition as a tool to help people remain focused on the issues. When they must ask questions, the questions are carefully formulated to be neutral.
12) When meeting an injured claimant what can the adjuster say at the outset to set an appropriate tone for the meeting?
13) Why is reactive devaluation a danger when the adjuster makes the first offer of settlement?
14) When may parties decide to try alternative dispute resolution methods, such as mediation?
15) What skills should a mediator have?
16) What role can the loss adjuster play in mediation?
17) What authority should the adjuster bring to the mediation, and why?
18) Why might litigation defence counsel not be comfortable with the approach needed in mediation?
19) How is the role of counsel in mediation similar to their role in litigation?
20) What terms are outlined in the mediation agreement?
21) Why should the opposing party be given an opportunity to question any expert witnesses?
22) Define "caucussing".
23) What is "jackpot syndrome" and why is it an obstacle to a successful mediation?

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Hirose187

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C111 Advanced Loss Adjusting Chaper 5 Negotiating and Mediation

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C111 Advanced Loss Adjusting Chaper 5 Negotiating and Mediation

Updated

2014-10-21T21:37:35Z

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