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If your LTD claim has been denied, mediation is often the best step toward a fair settlement. Mediation can feel intimidating, but with the right preparation and support from your disability lawyer, you can approach mediation day with confidence and clarity.
This guide will walk you through how to prepare for disability mediation, what to expect, and how to avoid common mistakes—so you can maximize your chances of a successful outcome.
When & Why Mediation Happens in LTD Claims
Mediation is a structured negotiation process where you, your disability lawyer, the insurance company, and a neutral mediator meet to try to resolve your dispute outside of court. Most long term disability cases in Canada settle at this stage, saving you time, stress, and money compared to a trial.
Why mediation?
Insurance companies want to avoid the costs and risks of court.
Mediation is confidential and less formal than a trial.
It allows both sides to have input into the settlement.
You may receive your disability benefits or a lump sum payment faster.
When does mediation happen?
After your LTD claim is denied and a lawsuit is started.
Once both sides have gathered and exchanged key documents (your claim file, medical records, etc.).
When both parties are open to resolving the dispute without a judge.
Key Steps to Prepare for Disability Mediation
Step | Why It Matters |
Review Claim File | Know your case details and your insurer's arguments |
Understand Medical Evidence | Strengthen your position with facts and expert opinions |
Define Goals & Settlement Range | Set realistic expectations and avoid surprises |
Prepare Mediation Brief | Present your story clearly and persuasively |
Be Mentally Ready for Compromise | Increase chances of a successful, timely settlement |
Rely on Your Disability Lawyer | Benefit from experience and expert negotiation |
How to Prepare for Disability Mediation
1. Review Your Claim File
Your lawyer will gather all documents related to your LTD claim: application forms, denial letters, medical records, emails and letters with your insurance company, and employment records. The lawyers will understand the timeline of your claim and the reasons for denial, and organize your documents so they can easily refer to them during mediation.
2. Understanding Medical Evidence
Your lawyer will review all your medical reports, test results, and any independent medical examinations. They will know what your doctors and specialists have said about your condition and ability to work. They will also be ready to explain how your disability affects your daily life and job duties.
3. Define Your Goals and Settlement Range
Discuss with your lawyer what a successful settlement looks like for you: reinstatement of benefits, a lump sum payment, or other terms. Consider your current financial needs, medical expenses, and any future plans.
With your disability lawyer set a realistic range for settlement, including your lowest acceptable amount and your ideal outcome.
4. Prepare a Mediation Brief
Your lawyer will prepare a mediation brief—a summary of your case, the key facts, medical evidence, and your position on settlement.
The mediation brief helps the mediator and the insurance company understand your story and the strengths of your case. Your lawyer will review the brief to ensure it accurately reflects your situation.
5. Be Mentally Prepared for Compromise
Mediation is about negotiation, not “winning” or “losing” so be open to reasonable offers and creative solutions. Understand that most settlements involve some compromise from both sides.
What to Expect on Mediation Day
Mediation day usually takes place in a neutral location or virtually. You will attend with your lawyer and your insurance company will attend with their lawyers.
The mediator will explain the process and set ground rules. Each side presents their case, often starting with the mediation brief.
The mediator may then meet with each party separately to discuss strengths, weaknesses, and possible solutions.
Negotiations can take several hours, sometimes all day.
If an agreement is reached, it is put in writing and signed by all parties.
Common Mistakes to Avoid
Not being prepared: Your lawyer will review your documents, medical evidence, or settlement goals and find any weaknesses in your position.
Letting emotions take over: Mediation can be stressful, but staying calm and focused helps negotiations.
Rejecting compromise: Insisting on a “perfect” outcome can lead to a failed mediation and a longer, more expensive court battle.
Speaking without your lawyer’s advice: Always consult your lawyer before responding to offers or questions.
Not understanding the consequences of settlement: Make sure you know what you’re agreeing to—ask questions if anything is unclear.
Client Story: How Mediation Helped Mark Settle His LTD Claim
Mark, a 48-year-old warehouse supervisor from Halifax, was devastated when his LTD claim was denied after a back injury left him unable to work. The insurance company argued that he could do “light duties,” even though his doctor strongly disagreed. Mark felt overwhelmed and worried about his family’s finances.
Mark’s disability lawyer, filed a lawsuit and prepared for mediation. The lawyer reviewed Mark’s medical records, gathered supportive statements from his doctor and physiotherapist, and created a clear mediation brief outlining how his pain and limitations affected his daily life.
On mediation day, Mark was nervous but felt supported by his legal team at Share Lawyers. The mediator listened to both sides and encouraged open discussion. Mark’s lawyer negotiated firmly but respectfully, highlighting the medical evidence and Mark’s ongoing treatment.
After several hours, the insurance company offered a settlement that included a lump sum payment and coverage for future medical expenses. Mark and his lawyer reviewed the terms carefully, discussed the pros and cons, and decided to accept. The settlement allowed Mark to focus on his recovery without the stress of ongoing litigation.
The Role of Your Disability Lawyer in Mediation
Your disability lawyer is your advocate and guide throughout the mediation process. Here’s how they help:
Case Preparation: Gathering medical evidence, organizing your file, and drafting the mediation brief.
Strategy: Advising you on settlement ranges, negotiation tactics, and what to expect on mediation day.
Negotiation: Communicating with the insurance company and mediator, and always protecting your interests.
Support: Keeping you informed, answering your questions, and helping you stay calm and focused.
Reviewing Settlement Offers: Explaining all terms and consequences before you agree to anything.
Conclusion: Your Path to a Fair Settlement
Preparing for a mediation because your disability claim was denied is about more than just showing up—it’s about knowing your case, understanding your evidence, and trusting your lawyer to guide you. Most LTD claims settle at mediation, so this is your best chance to resolve your dispute and move forward with your life.
Remember to:
Review your file and medical evidence thoroughly.
Define your goals and be open to compromise.
Work closely with your disability lawyer to prepare a strong mediation brief.
Stay calm, ask questions, and take your time before agreeing to any settlement.
With the right preparation and support, you can approach mediation day with confidence, knowing you’ve done everything possible to secure the best outcome for your future.
You don’t have to face mediation alone. With careful preparation and the right legal support, you can achieve a fair settlement and move forward with confidence.
