Adrian K Cousens

January 31, 2017 | FC&S Insurance

Settlement of litigation cases prior to trial often requires resolving competing claims for insurance coverage and indemnification between some or all…

By Adrian K. Cousens

9 minute read

January 17, 2017 | The Legal Intelligencer

Settlement of litigation cases prior to trial often requires resolving competing claims for insurance coverage and indemnification between some or all of the parties. Fundamentally, determining who has to pay to settle a suit can be as complex, if not more so, than the underlying dispute. Determining how the issues of risk shifting are going to be handled when setting up mediation is therefore critical to ensuring that such ADR efforts are productive endeavors. Although there is no singular method or formula, there are three general approaches: Resolving prior to mediation; resolving at the time of mediation; and resolving the underlying case contingent on a post-mediation determination of insurance/indemnity obligations. This article discusses some common considerations to make mediation of cases with such concerns most effective.

By Adrian K. Cousens

17 minute read