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Alternatives to Litigation: Mediation and Creative Settlements


Level: Intermediate
Runtime: 59 minutes
Recorded Date: February 27, 2023
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Agenda

• Overview
• Traditional Resolution Strategies         
        - From the Defense
        - From the Plaintiff
• Issues Preventing Resolution
• Coverage Issues and ROR
• Tools and Resources
• How to Prevent the Echo Chamber

Runtime: 1 hour
Recorded: February 27, 2023

For NY - Difficulty Level: For both newly admitted & experienced attorneys.
For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Property claims often involve multiple parties, emotive issues and significant brinkmanship all of which lead to protracted litigation, significant cost, and delay in resolution. While the numerous types of disputes involved in property losses require the ability to be flexible, very often, they have common themes and would benefit greatly from the narrowing of issues, at the earliest possible stage, which traditional litigation rarely promotes. Creativity and ADR can significantly help in the process.

This program was recorded as part of Property Casualty 360's Complex Claims & Litigation Forum on February 27, 2023.

Provided By

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Panelists

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Nigel Wright

Registered Mediator & Arbitrator
First Court

Nigel is a registered mediator and arbitrator, practicing New York and Georgia attorney, as well as a solicitor of the Senior Courts of England and Wales. Nigel has over 30 years of mediation and arbitration experience including all non-personal lines insurance claims. Nigel also has a significant insurance and reinsurance coverage background including federal and state coverage disputes, Bermuda Form, international, and domestic arbitrations.

Nigel has been Head of Claims, and Head of Specialty Claims, at two international carriers as well as a senior partner at two Am Law 100 law firms, on both sides of the Atlantic. In those roles, he represented insurers, insureds, and related entities in federal and state courts, administrative and regulatory proceedings, and in various international forums in over 50 countries and has mediated extensively both nationally and internationally. Nigel’s domestic and international arbitration background encompasses multiple forums including AAA, Arias, ICC (Paris and London), NAI, UNCITRAL, and ad hoc arbitrations under the English Arbitration Act.

Nigel has been the carrier`s representative in the US and Canada for mediations involving the highest exposure cases in all classes of business, including ECO and bad faith claims. His portfolio included complex claims (including class actions) arising out of the following lines: A&H, Agriculture/ Equine/Livestock, Aviation, Casualty (high limits and excess), Commercial Property (including construction defect), Crisis Management (Product Recall, Crime, Active Shooter, and K&R), Cyber, D&O, E&O, Energy and Marine, Environmental, Financial Lines, Fine Art and Specie, Pharma, Professional Liability, Political Risk and Trade Credit and Surety, Workers Compensation disputes, insurer and (re)insurer disputes as well as subrogation claims.

These roles, where Nigel was often the ultimate decision maker, have given him a unique insight into the risk assessment and valuation of every type of insurance or reinsurance claim, which enables him to bring both credibility and impartiality to all parties in a mediation as well as a fundamental understanding of how complex cases are resolved. Nigel is retained by both plaintiff and defendant lawyers to act as mediator where they value his experience, impartiality, and work ethic, all of which are dedicated to seeking a resolution to the subject dispute.

Nigel also lectures at Emory Law School on ADR, as an adjunct professor.


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