Disputes regarding aviation often arise between a person and an insurance company that has limits on what compensation is available for settlements. The carrier may try to force the victim of an aviation accident to take the matter to the courts. In these situations, it is often better to resolve the matter through mediation. This process is cost effective, reduces the time to settle and can help both sides compromise to reach a beneficial outcome.
Mediation with the insurance company may happen through a settlement conference with a mediation professional, such as a former judge or lawyer. However, business people, insurance adjusters or aviation experts may also serve in the role as the mediator. The parties can select the mediator who they believe is best equipped to understand the legal and practical issues involved in the dispute. The process is informal, so the parties can choose the time and date to meet. After an accident in the air, the injured party may want to openly discuss the matter and use a comfortable location rather than a courtroom. The mediation process provides open and continued communication and an unbiased third party to oversee it.
Within the private conference or meeting room, the two parties can discuss the conflict and determine how to resolve the matter with a compromise on both sides. By working together, it is possible to avoid litigation and seek a mutually beneficial resolution. The mediator can often educate the parties on the legal issues involved in the dispute. Evidence of the injuries and damages can increase the insurance company’s awareness and assessment of the case. At the conclusion of mediation, the parties will sign an agreement that states the terms of their settlement if they reached one.