Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.07 - Mediation Conference

Current through June 25, 2024
A. The
				representative of the insurer attending the conference must bring a copy of the
				policy and the entire claims file to the conference. Disclosure of material
				from the claims file is within the discretion of the mediator, and the mediator
				shall avoid production of privileged materials. The representative of the
				insurer attending the conference must know the facts and circumstances of the
				claim and be knowledgeable of the provisions of the policy. An insurer will be
				deemed to have failed to appear if the insurer's representative lacks authority
				to settle the full amount of the claim or lacks the ability to disburse the
				settlement amount at the conclusion of the conference.
B. A party may move to disqualify a mediator
				for good cause at any time. The request shall be directed to the Administrator
				if the grounds are known prior to the mediation conference. Good cause consists
				of conflict of interest between a party and the mediator, inability of the
				mediator to handle the conference competently, or other reasons that would
				reasonably be expected to impair the conference.
C. The insurer shall pay the costs of the
				mediation. Within 5 days of the insurer's receipt of the request for mediation,
				the insurer shall pay a non-refundable administrative fee in the amount of
				$100.00 to the Administrator, which shall be used to defer the expenses of the
				Administrator. The insurer shall also pay $250.00 to the Administrator for the
				mediator's fee not later than 5 days prior to the date scheduled for the
				mediation conference. However, if the mediation is cancelled for any reason
				more than 120 hours prior to the scheduled mediation time and date, the insurer
				shall pay $50.00 to the Administrator for the mediator's fee instead of
				$250.00. No part of the fee for the mediator shall be refunded to the insurer
				if the conference is cancelled within 120 hours of the scheduled
				time.
D. If the insured fails to
				appear, without good cause as determined by the Administrator, the insured may
				have the conference rescheduled only upon the insured's payment of the
				mediation fees for the rescheduled conference. If the insurer fails to appear
				at the conference, without good cause as determined by the Administrator, the
				insurer shall pay the insured's actual expenses incurred in attending the
				conference and shall pay the mediator's fee whether or not good cause exists.
				Failure of a party to arrive at the mediation conference within 30 minutes of
				the conference's starting time shall be considered a failure to appear. Good
				cause shall consist of severe illness, injury, or other emergency which could
				not be controlled by the insured or the insurer and, with respect to an
				insurer, could not reasonably be remedied prior to the conference by providing
				a replacement representative or otherwise. If an insurer fails to appear at
				conferences with such frequency as to evidence a general business practice of
				failure to appear, the insurer shall be subject to penalties under
Miss. Code Ann.
§
									83-5-29
				et seq. and other applicable law.
E. The Department reserves the right to have
				a representative present at any mediation conference conducted pursuant to this
				regulation.
F. The mediator will be
				in charge of the mediation conference and will establish and describe the
				procedures to be followed. Each party will be given an opportunity to present
				their side of the controversy. In so doing, parties may utilize any relevant
				documents and may bring any individuals with knowledge of the issues, such as
				adjustors, appraisers, or contractors, to address the mediator. The mediator
				may meet with the parties separately, encourage meaningful communications and
				negotiations, and otherwise assist the parties to arrive at a settlement. The
				parties may be represented by counsel at the mediation conference. A party who
				will be represented by counsel at the mediation conference must notify the
				Administrator at least 10 days prior to the date scheduled for the mediation
				conference. All statements made and documents reviewed at a mediation
				conference shall be deemed settlement negotiations in anticipation of
				litigation.
G. Both parties must
				negotiate in good faith at the mediation conference. A party will be determined
				to have not negotiated in good faith if the party or a person participating on
				the party's behalf, continuously disrupts, becomes unduly argumentative or
				adversarial, or otherwise inhibits the negotiations as determined by the
				mediator. The mediator shall terminate the conference if the mediator
				determines that either party is not negotiating in good faith.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)