When You Need Us
- Rejecting a claim
- Voided your policy
- Not listening to you
- Dragging their feet
- Offering too little money
- Suggesting you are at fault
- Refusing to reinstate you property
- Asserting things that are not fair or true
- Frustrating your ability to get a settlement.
There is a strong possibility that there is just a breakdown of communication that is at the root of their actions. We would quickly recognise the position and know what to do.
There may be a more serious and fundamental “issue” in your claim. Again, we will quickly recognise the position and know what to do.
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Litigate or Mediate?
Litigation is adversarial between the parties; and adversarial disputes typically last longer and produce the least satisfactory commercial outcomes, not mention the costs. It is entirely unpredictable in its outcome; even with a so called “strong case”.
Because litigation must be performed by lawyers it is they that take control of your affairs. That leaves you, as the Insured/ Policyholder, at a disadvantage of being able to control the resolution of the dispute.
The courts increasingly want disputing parties to mediate before they litigate but the trend has nevertheless remained for litigation to commence, in an adversarial form, before mediation is considered at a much later stage, just before trial.
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Our approach is to try to resolve the dispute by:
- Non-adversarial negotiation
- Through Flaxmans you keep control of the resolution of the dispute
- Going straight to the points that a court would look at if expert evidence was presented to the judge.
- Taking advice from lawyers or other professionals and experts on matters of law or material evidential facts
- Getting the parties together and “closing the gap”.
Our skill is to keep you out of litigation and away from a court, wherever possible.
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