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Negotiating Insurance Claims

Negotiation of Disability Claims

Negotiation involves reaching an agreement with the other side. The idea is that the agreement meets the best interests of both sides. Of course, this usually means that both sides have to make compromises. You won’t get everything you want and neither will the other side.

Know Your Bottom Line

Before you begin negotiating, figure out what your bottom line will be. That is the least you will accept in exchange for resolving the legal dispute. Never reveal your bottom line at any stage of the negotiations.

Begin your negotiations by asking for everything to which you believe you are legally entitled.

Present as many negotiable issues as you can and do not reveal their level of importance to you. That way, you can “give up” on an issue that was never really important to you to begin with. The other side will see this as a compromise and will be more willing to compromise in return.

Negotiating Without a Lawyer

If you are negotiating a legal problem without a lawyer, you should both sign an agreement first that says your negotiations are WITHOUT PREJUDICE. That means that whatever you say or write down in the process of negotiations won’t be used by either side if the matter ends up going to court.

If the negotiations fail, there are alternatives available to you other than court.

Mediation Chairs

Mediation of Insurance Denial Claims

Mediation is a voluntary process, to which both parties agree. A mediator is appointed to hear the claim. The mediator is a neutral person assigned to help the two sides reach a solution that works for both. Usually a mediation takes place in a boardroom at a neutral location. The setting is usually casual in order to relax both sides to allow for easier communication.

A mediation is conducted on a “without prejudice’ basis. This means that whatever is said at the mediation cannot be used against you if the matter were to proceed to trial. This rule encourages both parties to speak more freely.

The mediator will manage both parties to ensure that each has an opportunity to speak and listen to all the issues. The mediator may help clarify misunderstandings and make discussion of the issues less stressful.

The mediator does not “decide” or “rule” on any issues and cannot force a settlement.

Mediation only works if both parties are willing to resolve their dispute.

If one party refuses to compromise and refuses to listen then the mediation will fail.