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Home Insurance Dispute Mediation – Case Study 2018

Mediatelegal were recently instructed to mediate a home insurance dispute between an individual and a loss assessors following a flooded property. The nature of the dispute focussed on the legal costs incurred as much as on the actual facts of the flood damage. Howard Nulty was chosen to mediate the matter given his extensive experience of property litigation and legal costs disputes. The mediation was initially booked to take place over 4 hours.

The parties were locked in litigation in a one insurance dispute involving an insurance claim that had gone horribly wrong for both of them. On one hand the claimant who had been flooded and lost property and on the other loss  assessors who had done their job but not been paid.

The litigation had dragged on for seven years and substantial costs had been and still were to be  incurred on both sides. A trial date had been set but both sides were heading for an expensive day out in Court.

The extent of the litigation was such that neither party was going to see anything positive from the litigation as simply too much had been spent already on legal fees. The mediation was a damage limitation exercise.

Both sides were anxious not to incur to much more by way of legal fees.

The mediation ultimately ran for almost 8 hours. A broad agreement was reached by the fifth hour, but it required two further hours in order to result in an agreed Tomlin order, resolving the litigation.

Had this action been mediated much earlier both parties would have saved thousands of pounds, a huge amount of time and effort, as well as avoiding a lot of stress.

contested will disputes

Mediatelegal has developed a panel with a strong pedigree of insurance, property and legal costs expertise. Our mediation service can be an extremely efficient way to resolve a property insurance dispute. If you have any queries, contact us on 0151 363 3977.

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Did you know?

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A 2008 CIPD survey found that 75% of mediations were initiated by HR departments.

13th September 2016

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