The Financial Benefit for Insurers: Mediate in Personal Injuries Disputes

Australasian Dispute Resolution Journal, Vol. 2, pp. 70-80, 2004

10 Pages Posted: 10 Apr 2011

See all articles by Paul Harpur

Paul Harpur

University of Queensland - T.C. Beirne School of Law

Date Written: April 7, 2011

Abstract

Resolving insurance disputes can focus only on quantum. Where insurers adopt integrative solutions they can enjoy cost savings and higher customer satisfaction. An integratively managed process can expand the negotiation options. The potential inherent in plaintiff’s emotions to resolve matters on an emotional basis, rather than an economic one, is explored. Using research, the author demonstrates how mediations are more likely to obtain integrative outcomes than unmediated conferences. Using a combination of governmental reports, published studies and academic publications, the paper demonstrates how mediation is more likely to foster an environment where the parties communicate and cooperate. Research is employed to demonstrate where mediators can reduce hostilities, in circumstances where negotiating parties alone would likely fail. Generally the paper constructs an argument to support the proposition that mediation can offer insurers an effective mechanism to reduce costs and increase customer satisfaction.

Suggested Citation

Harpur, Paul David, The Financial Benefit for Insurers: Mediate in Personal Injuries Disputes (April 7, 2011). Australasian Dispute Resolution Journal, Vol. 2, pp. 70-80, 2004. Available at SSRN: https://ssrn.com/abstract=1804750

Paul David Harpur (Contact Author)

University of Queensland - T.C. Beirne School of Law ( email )

Brisbane, Queensland 4072
Australia

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