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Mediation as a Tool to Settle Your Disability Claim

mediation meeting

Mediation can be a resourceful tool to settling your disability claim. Firstly, what is mediation?

Mediation is the legal process whereby the parties, yourself and your disability insurer, will have the opportunity to settle your dispute through negotiation. Present at the mediation will be yourself and your lawyer, and a representative of the insurance company, and their lawyer. There will also be a mediator, who is someone with extensive experience in insurance law, that attempts to bring both parties together to resolve the matter on that day.

In the context of disability disputes, it is wise to schedule an early mediation for you to receive your settlement as early as possible. Prior to the mediation, your lawyer will draft a mediation memorandum detailing why you are entitled to disability benefits. The disability insurer will also draft a mediation memorandum detailing why you are not entitled to disability benefits, or why you should receive less in disability benefits based on their interpretation of your short-term or long-term disability benefits policy. These memorandums will be served to both parties so that there is an understanding of each party’s position prior to the mediation. The mediator will also be served with both memorandums and will have a clear understanding of the issues in dispute on the day of the mediation.

During the mediation, the mediator will go back and forth between the parties to discuss the various settlement offers. Most of the time, these offers will come in the form of lump-sum payments. However, disability insurers sometimes offer to put the disabled party back on claim. This option is less chosen as it requires disabled parties to have to engage with the insurer’s demands going forward in order to receive their monthly disability benefit. Disabled parties often choose to settle for a lump sum payment so that they can move on with their lives and focus on their recovery. If a settlement is reached, settlement documents will be executed that same day and you can expect to receive your lump sum payment a few weeks later.

Mediation is a confidential and efficient process which reduces legal expenses and minimizes the emotional toll on you. It allows for a more discreet resolution process where sensitive medical and personal information may be involved. Choosing mediation as a tool to settle your disability claim demonstrates commitment to finding a fair resolution to your matter, while also avoiding the adversarial nature of litigation.

At JEWELL RADIMISIS JORGE LL.P, our team of experienced lawyers can help guide you through the mediation process to ensure that you receive fair compensation for your disability claim.

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