What an Insurance Adjuster Needs to See From Plaintiff Attorneys at Mediation: A Texas Mediator's Perspective
As a Texas mediator who has decades of experience as a trial and defense lawyer, I have witnessed that the most successful mediations are driven by thorough preparation rather than dramatic negotiation theatrics. The ultimate goal is to bridge the gap between opposing positions, and from my viewpoint, this begins with understanding the mindset of the insurance adjuster. Adjusters are not motivated by emotions or the moral high ground; they are looking for a cost-effective resolution to avoid the expense and uncertainty of litigation. To win over an adjuster, Plaintiff attorneys must present a professional case that clearly outlines damages, liability, and a realistic valuation of the case, effectively showing the risk of not settling that day.
To achieve a favorable outcome, a Plaintiff should provide the specific evidence and documentation that an insurance adjuster needs to justify their settlement authority to their supervisors. This means having all medical records, final medical billing, updated lien information, and expert reports organized and available well before the session begins. In Texas, I find that providing the Defendant enough detailed information in advance allows the adjuster to conduct their internal evaluation and, crucially, secure the necessary funds. Showing, rather than just telling, the value of the case through clear documentation prevents the frustration of being told they "need more time to review the file," which often stalls or kills a potential settlement.
Beyond basic documentation, the most effective evidence includes items that highlight the strengths of Plaintiff's case while acknowledging its weaknesses. Photographic evidence of property damage, video day-in-the-life documentaries, and strong, clear expert witness testimony regarding causation and prognosis are invaluable in moving an adjuster away from a low-ball position. It is also essential to proactively address potential defenses, such as comparative fault or pre-existing conditions, by providing counter-evidence that diminishes these risks. As a mediator, I know that if Plaintiff can provide the evidence that lets the adjuster check all their internal boxes, Plaintiff is far more likely to get the settlement Plaintiff wants.
Another critical component of best practices, often overlooked, is understanding the importance of the initial demand and the flow of the negotiation itself. A "credible demand" is not an astronomical number intended to stun the opposition; rather, it is a realistic figure that allows for meaningful negotiation within the same ballpark. I advise attorneys to make their demands and share key documents at least 30 days prior to the mediation, as new information presented for the first time at the table is rarely factored into the day's settlement calculus. Furthermore, a strong opening statement, rather than being confrontational, should focus on setting a professional, cooperative tone while concisely highlighting the key evidence and the risks of trial.
To be sure, the role of the mediator as a "traffic cop" is best utilized when both sides are flexible, patient, and truly prepared for the, sometimes, long process of resolution. Do not be discouraged by a low initial offer; instead, use that as a starting point to test the limits of Plaintiff's case and the adjuster's authority. A successful mediation in Texas involves treating all participants with respect, using the mediator to facilitate communication when emotions run high, and focusing on the ultimate goal: providing Plaintiff with certainty and finality. By understanding what the adjuster needs to see, preparing medical and liability evidence diligently, and remaining flexible, Plaintiff can turn a potentially adversarial proceeding into a productive, efficient settlement.