Mediating an Insurance Dispute

Insurance litigation constitutes a substantial portion of the civil litigation in this state. As part of the dispute process, in the pre-proceeding or proceeding phases thereof, inexorably the dispute is mediated.  For the prospects of resolution to be maximised – having regard to litigation uncertainty, cost and convenience – the mediation ought be carefully planned in terms of timing, duration, mediator selection and lawyer (and decision maker) preparation. 

On 18 October 2024, Richard Douglas KC delivered the paper below at a Medico-Legal Society of Queensland mediation workshop concerning medical negligence claims. What is canvassed, however, applies generally to insurance disputes.

Mediation of an Insurance (Medical Negligence) Claim