Mediation is an informal way to resolve claims 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. Mediation is non-binding. Neither the policyholder nor the insurance company is legally obligated to accept the outcome of the mediation conference.
Please note: Effective July 1, 2012, mediation may be requested only by the policyholder, as a first party claimant, or the insurer.
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 policyholder chooses to have an attorney present, the company must be notified in advance.
The insured and the insurer must 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. The authority to settle the claim includes the ability to disburse
the full settlement amount within 10 days of the conclusion of the conference. The
conference will be held within a reasonable proximity of the insured property.
To request mediation, the Commercial Residential Mediation Request Form must be completed by the policyholder and sent to the Mediation Section of the Department of Financial Services (DFS). Once they are contacted, the insurance company has 21 days in which to resolve the dispute. If the dispute is not resolved, the issue is assigned to a mediator. The process should be completed within 45 days of the request. The mediator is randomly selected by DFS.
Commercial Residential Property Mediation is free for the policyholder. The insurance
company pays the entire cost of the conference. However if the conference has to
be rescheduled, there are associated fees. If the policyholder fails to appear for
the conference, it can be rescheduled after the policyholder pays the mediator’s
fee. If the insurance company fails to appear, without good cause, they must pay
actual cash expenses of the policyholder 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Mediation settlements can be rescinded within three days of the agreement as long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.
Florida Statute 627.7015