Auto Claims Mediation

9 What Are the Costs and Time Involved? There is no cost to you. Your insurance company will pay the costs of the mediation, unless you fail to appear for a scheduled mediation conference without good cause. Most conferences will take a few hours. The conference will continue as long as all parties agree progress is being made in resolving the dispute. What happens If I Decide to Have an Attorney Present? It is not necessary for you to have an attorney, as this process is designed to be informal and non-adversarial. However, if you elect to be represented by an attorney at the conference, you must notify the mediator during the pre-mediation telephone conference. The mediator will advise the company so it may have its attorney present. An attorney cannot represent your insurance company unless you choose to have an attorney present at the mediation conference. If I Go to Mediation, Can I Also Go to Court or Participate in Other Dispute Resolution Procedures? Yes. If the mediation is unsuccessful, you can pursue whatever options were available to you had you not participated inmediation. Remember, mediation is a non-binding process used to reach a mutually agreed upon resolution of the disputed issues. Will Anything I Say at Mediation be Used Against Me Later if The Mediation is Unsuccessful? No. The Mediation conference is considered a settlement negotiation and statements made during the conference cannot be used against you in any later proceedings. Everyone is required to sign a Confidentiality Agreement at the beginning of mediation conference. How Can I Get More Information? You may obtain additional information regarding this mediation program by referring to California Insurance Code Sections § 10089.70 through § 10089.83. The Insurance Code is generally located in the reference section of your local library or at a law library in your area. It is also accessible at our website: www.insurance.ca.gov.