Mediation Denied

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Latest post Tue, Nov 25 2008 10:33 AM by Dave88. 3 replies.
  • Mon, Nov 24 2008 3:25 PM

    • sparky4
    • Not Ranked
    • Joined on Mon, Nov 24 2008
    • Posts 3

    Mediation Denied

    Did anyone ever here of mediation being denied because of a lack of authority over who makes the call for the Insurance Company? The perceived intrepretation is to be no funds for settlement. If I were a wc judge I would frown over a call like this. There is absolutley no way this entity is lacking funds.
  • Tue, Nov 25 2008 8:15 AM In reply to

    Feedback [*=*] re: Mediation Denied

    Actually, this is somewhat common. Mediation is mandatory now in all litigation, unless mediation would be futile. The most common reason why mediation is futile is because the insurance carrier lacks authority to settle. This does not mean the company does not have the money to settle, it means they don't have authority to put money on that particular file.
  • Tue, Nov 25 2008 8:44 AM In reply to

    Feedback [*=*] re: Mediation Denied

    There is an old saying that you can lead a horse to water but you cannot make him drink. Even if mediation were to occur, there is no guarantee that the employer/insurance carrier would agree to settle.
  • Tue, Nov 25 2008 10:33 AM In reply to

    • Dave88
    • Not Ranked
    • Joined on Thu, Oct 27 2005
    • Posts 19

    re: Mediation Denied

    I have had three mediations so far. Fruitless. The insurance company attorney brought nothing to the table.
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