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This website is authored by Lester Levy, Esq.
a founding member of JAMS.

  • About
    • About Lester Levy
  • The Basics of Environmental Mediation
    • What types of Environmental Cases can be mediated?
    • The Benefits of Environmental Mediation
    • The Environmental Mediation Process
    • Insurance Company Involvement
    • The Mediation Outcome
  • Case Studies
    • Case Study 1: Objectivity as Resolution Tool Provided Through A Neutral Expert
    • Case Study 2: Working Together
    • Case Study 3: Swift, Fair and Efficient: Awarding Compensation to Toxic Tort Victims
    • Case Study 4: Sequenced Regulatory and Insurance Negotiations
    • Case Study 5: How Communication Both Causes and Ends Conflict
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You are here: Home / The Basics of Environmental Mediation / Insurance Company Involvement

Insurance Company Involvement

Participation and communication with insurance carriers ordinarily are not directly addressed in the environmental court case. There may be ancillary lawsuits between various policy-holders and their insurers but these are normally stayed pending resolution of liability issues in the underlying environmental case. Even where the insurance coverage cases are not stayed, there is no formal – and little informal – coordination among the various cases.

The involvement of insurance carrier representatives in settlement negotiations often is left to individual lawyer preference, which may be insufficient to bring about a successfully negotiated outcome. All too often some or all of the insurers are brought into settlement discussions too late in the process, which causes delays.

An environmental mediator anticipates the carriers’ needs so that they are adequately prepared to negotiate at the right time. Attention is also given to the carriers’ needs to coordinate their efforts with other insurers at the same level of a party’s insurance profile, as well as with excess carriers and reinsurers.

  • The Basics of Environmental Mediation
  • What types of Environmental Cases can be mediated?
  • The Benefits of Environmental Mediation
  • The Environmental Mediation Process
  • Insurance Company Involvement
  • The Mediation Outcome
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  • Environmental Mediation: A New Paradigm for Resolving Multi-Party Disputes
  • Flexibility Is Key to Success in Mediation
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About Me

lester-levy

I strongly believe in the value of mediation – said another way, environmental mediation really works. I would go even further: I believe that environmental disputes are perfectly suited to the mediation process – perhaps more so than any other area of legal practice. I have formed these views after mediating environmental cases for more than 20 years, throughout the United States, and having worked with thousands of lawyers, companies, insurance carriers, regulatory agencies and courts. My … Read more

My Latest Posts

  • The inter-generational theft of Brexit and climate change
  • Our Drinking Water Regulation Is So Weak Even Flint’s Water Got A Pass
  • Environmental Mediation: A New Paradigm for Resolving Multi-Party Disputes
  • Flexibility Is Key to Success in Mediation
  • Leaving the EU would put our environment at risk

Connect with Me

Lester Levy

JAMS- New York
620 Eighth Ave. (NY Times Building)
34th Floor
New York, NY 10018
P (212) 751-2700

JAMS- San Francisco
2 Embarcadero Center
Suite 1500
San Francisco, CA 94111
P (415) 982-5267

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