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Many of the topics that I write on in the Litigation Management
Report discuss the exercise of leadership. This month's
case study in the John G. Kelly Report on CNA's
Management Initiative is an example. This degree of change
is not possible through a straightforward process management
application. A core group had to be willing to take a leadership
position and act as change agents. Given this demonstration
of leadership, an explanation of leadership strategy is needed
to explain how to go about it. Litigation managers will find
The Litigation Management Strategy article on Litigation
Management Leadership both timely and informative. I recommend
reading it first and then analyzing where and to what degree
these principles apply in the case study. Look at the diagrams
in the case study and determine what milestones required the
exercise of leadership in order to reach them.
Once you have read those two, you are ready to read this
month's Ideas article on The Paradox of Choice.
When faced with leadership challenges, you are required to
make choices. We are all familiar with the dilemma of trying
to decide how to rationalize the optimum decision. Professor
Barry Schwartz sheds light on the paradox that we frequently
encounter when the supposedly thorough search for all possible
alternatives actually makes the selection more difficult by
exponentially increasing the doubt factor in the decision
we make. His recommendation that we limit ourselves to a realistic
number of choices in situations requiring judgment calls is
well taken when litigation managers are exercising leadership.
The impetus for the Bill Management article on creating
the office of a corporate Ombudsman as a means to add value
to bill review disputes came from a session I attended at
a recent conference when someone suggested it as an alterative
or add-on to the conventional appeal mechanism. It was obvious
from the discussion that ensued that none of the parties engaged
therein fully understood the role and function of the office.
This article will provide Litigation Managers with a brief
overview and reference point from which they can fully explore
the concept or at least engage in an informed discussion should
the topic arise in the future.
Last but not least, I am pleased to announce that The Kelly
Institute web site is fully operational at www.kellyinstitute.com.
I would like to invite my readers to pay a visit to the site
and check out the Certified Insurance Litigation Management
(CILM) Program. TKI suggests that you embark on this program
by taking the Insurance Litigation Principles first. I have
found that too many litigation managers have learned their
craft through variations of "baptism by fire." The Insurance
Litigation Principles course addresses that problem and provides
a foundation for the litigation manager on the basics of litigation.
Once you have laid this foundation, you are ready for the
Bill Review Course. No matter how much you think you know
about bill review, you will benefit from participating in
this comprehensive professional development approach to the
subject. To date, bill review has not been associated with
professionalism. This course changes that mindset and places
what litigation managers have always known to be knowledge
management work into a professional learning experience, so
please, have a look.
Enjoy the read and best wishes for the holiday season.
John
| Litigation
Management Strategy |
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Leading a litigation management group is doable but
is not done often enough. When it is done, it is often
not done right which becomes a self-fulfilling justification
for not doing it often enough. Here is how to go about
it. ... click here
to learn more
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| Bill
Management |
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Many insurers and most third party bill reviewers have
appeal processes in place. If the lawyer submitting
the bill is not happy with a refusal by a litigation
manager to accept an item on a bill they can refer it
to an appeals officer. This person is oftentimes a senior
litigation manager who is appointed to that position,
often as peripheral to their regular duties, because
of their experience in reviewing bills over a considerable
period of time. In other words, they have seen it all
and can make an informed decision on the dispute in
question... click here
to learn more
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| John
G. Kelly Report |
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Why choose claims as the focus for a strategic management
initiative? The recognition that claims was a cost center
and CNA was looking for ways to reduce costs was the
driver for a major claims management improvement process.
In addition, there was a corporate buy-in to Six Sigma,
and claims process improvement was a prime candidate
for a continuous improvement initiative. That was the
opener in the joint presentation by of a CNA Case Study
on Improving Claims Performance Through Technology &
Process by Richard Affenit; V.P. Worldwide Claims, CNA
and Marcus Ryu, V.P. Consulting Services, Guidewire
Software… click here
to learn more
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| Ideas |
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"When people have no choice, life is close to unbearable."
However, given too many choices life also verges on
the unbearable. Is this a variation of "damned if you
do and damned if you don't?" Yes, if we are not conscious
of the dichotomy and learn to develop coping mechanisms
for the growing number of choice dilemmas that are confronting
us in our business and personal lives. Professor Barry
Schwartz of Swarthmore College has written a fascinating
book with the intriguing title, "The Paradox of Choice
- Why More is Less," that provides insight into
how we, as the most affluent society in the world, are,
in fact, less happy and satisfied than our parents'
generation even though we have so much more... click
here to learn more
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