Resisting dubious claims without sacrificing hard-won client relationships is fundamental to effective claims management. Conventionally, such claims have been litigated, at significant cost both financially and to customer relationships.
SMART Resolve offers a different approach. By contracting to use a knowledgeable, independent third party from the outset of the dispute, SMART Resolve drives parties together rather than apart, radically reducing management time and cost and while preserving and sustaining client relationships.
SMART Resolve has been developed by JAMS in consultation with the insurance industry to address historic systemic failure. It offers a complete and customer-centric dispute solution that focuses on achieving the quickest and most cost-effective route to fair settlement.
Where litigation can be unavoidably adversarial, costly and slow, SMART Resolve offers speed and self-determination through constructive, confidential dialogue to identify and resolve determinative points. As such it represents an evolution in mediation principles and a logical contractual step for insurers seeking to stay in control of claims, differentiate their offering in the marketplace and increase customer retention.
SMART Resolve is a service that has evolved from an unrivalled 35 years history of privately resolving disputes for and between insurance carriers. Over the past decade alone, JAMS has mediated close to 100,000 commercial disputes and it is from this vantage point we offer unique insights into the practice of consensual dispute resolution.
SMART Resolve is not mediation, but builds on established and proven principles. SMART Resolve delivers greater flexibility, reduced formality and quicker settlements. And with no requirement for adversaries to meet in person it significantly reduces the scope for disputes to escalate into potential litigation or arbitration.
A Resolver is appointed when friction is foreeable, and works simultaneously with both parties to define issues and positions before they escalate into conflict. With a focus on principled negotiation rather than positional bargaining, the Resolver identies common ground which in turn smooths the way for an early settlement.
The role of the Resolver is not to ‘win a fight’ but to find workable solutions consistent with the legal merits of the case. SMART Resolve offers ongoing, episodic engagement that identifies and puts in place the building blocks for early settlement by limiting the argument to relevant points, moderating unrealistic positions, and seeking the best options for early resolution.
The adoption of SMART resolve offers a practical and efficient means of managing conflict. Moreover it makes a clear statement that the insurer is taking every step possible to maintain relationships and deliver value.
Specific - Isolates and targets the specific points of a dispute.
Measurable - Retains control over the process and outcome of the dispute; determines and caps costs at every stage.
Agreed - Improves communication and understanding between the parties; focuses on early and consensual outcomes.
Realistic - Employs an independent and impartial Resolver to act as a reality check for both sides.
Time-Conscious - Enters the process early enough to find credible, consensual solutions.