Maximizing Mandated Mediation in D&O Coverage Disputes
Many D&O insurance policies include a contractual requirement that the D&O insurer and policyholder attempt a negotiated resolution, typically through mediation, of any coverage-related dispute between the parties before the parties can resort to litigation or arbitration. However, too often such requirements lead to an unproductive mediation session – not because the process is flawed, but because the parties can have unrealistic expectations about what can be achieved through a mandatory mediation process.
John McCarrick, Chair of the D&O Group and Giulio Zanolla, Principal at Zanolla Mediation, co-authored "Maximizing Mandated Mediation in D&O Coverage Disputes," a guest post published in the D&O Diary.
The authors examine the ways that parties to a D&O insurance coverage dispute can make the most of the policy-mandated mediation process.