May 2008

The Mediator’s Role in Deciphering the Scope and Existence of Insurance in Mediation

By Peter Scarpato

In mediations involving insurers, lawyers and mediators need answers to unique questions: What kind of insurance exists? Why was it obtained? Do parties perceive it as a “blank check”? How and when does the topic of insurance come up and who raises it (parties or mediators)? Does it raise unique issues, such as multiple representation, confidentiality and conflicts of interest?

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