Insurance Expert Witness On Reinsurance Disputes

In Mediating Reinsurance Disputes, insurance expert witness Peter A Scarpato writes:

For certain reinsurance disputes in the US, mediation is an available, effective but often misunderstood and underused process for companies seeking an efficient, cost-effective alternative to arbitration or litigation.

As the aggravation, expense and time required to arbitrate or litigate escalate, parties are beginning to opt either by contract or ad hoc agreement to mediate reinsurance disputes. For them, depending upon the case, LESS IS MORE; that is, compared to arbitration or litigation, mediation is a less aggressive, less costly, less damaging and less divisive alternative to tip the balance of POWER AND OPPORTUNITY in the parties’ favor. A careful, experienced and patient mediator views disputes between parties, not as a battle, but as an OPPORTUNITY to give them the POWER to structure a resolution that best meets their respective short and long term needs.

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