Understanding insurance issues (coverage, limits, and consent) promotes communication focused on resolution. Knowing the status of the coverage encourages a realistic dialogue about trial direction, scope of defense, probability of collection and settlement. To save time, consider making insurance issues the first order of business at the mediation.
Before the mediation, communicate with opposing counsel about the insurance issues, secure copies of the policy and any reservation of rights letters. For instance, if the policy limits are low and damages are high, there should be a discussion about the defendant's ability and/or willingness to contribute to the settlement, as well as an asset search prior to the mediation.