Auto Claims Mediation

6 The Second Step – The Request to Mediate Since mediation is voluntary, you must indicate in writing that you wish to participate in the mediation program. You will be sent a Mediation Election Form to formally request mediation. The Third Step – Selection of the Mediator Upon receipt of your signed request for mediation, the Department will appoint a qualified mediator to handle your dispute. A summary of professional qualifications of the mediator will be available for review at the Department of Insurance. Mediators are required to disclose conflicts of interest with respect to you or the other parties to the mediation. It is essential that the parties have complete confidence that the mediator will be fair and impartial. Each party to the mediation may object once to the mediator assigned by the Department. If either party objects, a new mediator will be assigned. A Mediator Objection Form will be provided to you and your insurance company. The Fourth Step – Pre-mediation Telephone Conference The mediator will conduct a pre-mediation telephone conference with you and the insurance company’s representative. A mutually agreeable date, time and location for the mediation conference will be determined. Dates will also be set for the parties to provide a “Mediation Conference Statement.” The mediator will then issue a Mediation Conference Notice to both parties, confirming the arrangements. The mediator will ask if you will be represented by an attorney at the conference.

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