However, it is important to remember that, while mediation and arbitration are alternatives for resolving coverage amounts, these methods cannot be substituted for litigation to handle arguments over whether coverage exists. Mediation, paradoxically, is usually part of the lawsuit process. As a suit is filed and meanders its way to a court date, a judge typically suggests to the parties that they attempt to solve their argument through mediation. In most locales, the judge offers a list of experienced mediators for the parties to use in their dispute. The mediators are typically lawyers who have years of experience in resolving tangled situations.
Most judges have lists of qualified mediators who are available in their jurisdiction.
Some mediators may even be certified in their field. Mediation is a chance for both parties to really hear what the other is saying. Though such sentiment is not often mentioned when discussing mediation, it is an element of communication that is important to dispute resolution. As was mentioned earlier, mediation is no help when two parties are fighting over whether a loss should be covered. Mediation is extremely flexible since it centers on resolving conflict over amounts, so its usefulness is not affected by the particular line of business.