Mediation is an informal way to resolve claims between the insured 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. Mediation is non-binding. Neither the insured nor the insurance company is legally obligated to accept the outcome of the mediation conference.
Disputes or denial of personal property claims in excess of $500, not including deductibles, are eligible. To have an attorney present is optional; however, if the insured chooses to have an attorney present, the company must be notified in advance.
The insurance company must provide a representative with full authority to settle the claim at the conference. The conference will be held in the same county where the loss occurred.
The insured no longer must contact the insurance company to request mediation. The request can be taken over the phone by helpline staff just like Hurricane Mediation. Once they are contacted, the insurance company has 21 days in which to resolve the dispute. If the dispute is not resolved, then the issue is assigned to a mediator. The process should be completed within 45 days of the request. The mediator is randomly selected by the Department of Financial Services.
Property mediation is free for the insured. The insurance company pays the entire cost of the conference. However if the conference has to be rescheduled, there are associated fees. If the insured fails to appear for the conference, it can be rescheduled after the insured pays the mediator’s fee. Generally, the cost of mediation is $350. If the insurance company fails to appear, without good cause, they must pay actual cash expenses of the insured in attending the rescheduled conference and they must pay the mediator’s fee for the rescheduled conference.
Mediation settlements can be rescinded within three days of the agreement as long as the check has not been cashed.
Mediation Program - Residential Property Claim Disputes Guide
http://www.myfloridacfo.com/consumers/mediation/docs/MediationProperty.pdf
Reference: Florida Statute 627.7015 and Rule 69J-166.031