Elements and Performance Criteria
- Prepare terms and conditions of settlement
- Review analysis of claims information in files and organisational systems relating to causation and liability
- Review calculations used to determine quantum including settlement amount and adjust if necessary based on case notes and previous relevant cases
- Identify and assess settlement options to determine the most cost effective course of action according to organisational guidelines
- Seek advice on settlement options with technical and/or legal advisors if required
- Determine settlement terms, within limits of delegated authority, that meet legislative obligations and organisational and government policy requirements
- Negotiate settlement terms and conditions
- Prepare and accurately document settlement terms and conditions prior to negotiations according to organisational policies and procedures and relevant legislation
- Negotiate settlement terms and conditions with key stakeholders, working with legal advisers if required, according to regulatory obligations and organisational policies and procedures
- Make adjustments to settlement terms and conditions if required
- Manage cases where litigation or disputation arises
- Refer settlements that cannot be agreed to mediation or legal adviser or provider according to organisational procedures
- Prepare instructions for legal adviser or provider using organisational templates and guidelines
- Provide all relevant documents and information to involved parties according to legal or court requirements
- Manage disagreements promptly and professionally to achieve the best outcome at minimum financial and other costs
- Monitor settlement progress and finalise medical indemnity claim
- Monitor progress of all claims negotiations using calendar and organisational tools
- Provide stakeholders with accurate and timely advice regarding claim negotiations and proceedings
- Obtain agreement on settlement and discharge or close the claim to ensure potential for further liability is eliminated
- Document cases thoroughly and accurately and update all records according to organisational procedures and regulatory requirements