Florida law provides informal alternative dispute resolution programs for certain types of insurance claims. If you have a claim dispute with your insurer, our programs may help you to resolve it prior to taking legal action. If your insurer maintains a position regarding your claim which you find unsatisfactory, mediation will allow you to sit down face to face with the company and a neutral third party mediator certified by the Department of Financial Services (DFS) to try and resolve your differences. The mediator acts to encourage and assist in the resolution of the dispute without dictating the outcome.
Mediation is an informal way to resolve a claims dispute between the policyholder and the insurance company. It is a process where a neutral third party acts to encourage and assist in the resolution of a dispute without dictating the outcome. The insurer must provide a representative with full authority to settle the claim at the mediation conference. The conference should be held at a location near the policyholder residence.
The policyholder and the insurer shall attend the mediation conference, have full knowledge of the facts of the dispute, and be fully authorized to make an agreement to completely resolve the claim. An insurer will be deemed to have failed to appear if the insurer’s representative lacks authority to settle the full value of the claim. The authority to settle the claim includes the ability to disburse the full settlement amount within 10 days of the conclusion of the conference.
Mediation is non-binding. Neither the policyholder nor the insurance company is legally obligated to accept the outcome of the mediation conference. Settlements reached at the conference can be rescinded within three days of the agreement as long as the check has not been cashed.
If you have any questions about mediation or need a licensed adjuster to advocate for you during a mediation, call now for a free consultation.