The ARIAS•U.S. Voluntary Mediation Program
Absent settlement, resolution of smaller reinsurance coverage disputes can be both expensive and time-consuming. Mediation is a tool for the efficient and fair private resolution of disputes.
In order further to promote the use of mediation in the insurance and reinsurance industry and to provide a mechanism for the resolution of smaller disputes, a number of ARIAS•U.S. Qualified Mediators have expressed willingness to serve as voluntary, uncompensated mediators on smaller matters. The details of this offer are as follows:
- Disputes involving three or fewer separate issues (as defined by the parties) and a contested value of up to U.S. $500,000 (exclusive of claims for interest, attorneys’ fees and extra-contractual relief, if any) are eligible.
- Mediators can be selected by agreement of the parties from the List of Mediator Volunteers or can be chosen at random from the list by ARIAS.
- The mediator will lead a three-hour mediation between the parties without charge for the mediation or any preparation time.
- The parties will pay the mediator’s reasonable out-of-pocket expenses for the three-hour mediation (e.g., reasonable travel costs, photocopying, etc.).
- Beyond the initial three hour mediation, the mediator will only incur additional time at the request of the parties, and will be paid as agreed by the parties and the mediator.
- The mediation will be conducted pursuant to a written agreement of the parties encompassing confidentiality and other procedural issues.
Qualified mediators who are willing to participate in this program will be identified on the ARIAS•U.S. website, as they volunteer. Note that ARIAS•U.S. Qualified Mediators are ARIAS•U.S. Certified Arbitrators who have undertaken significant mediation training and in many cases have significant mediation experience.