(a) Mediation explanation. At the same time the association
requests mediation, the association must give the claimant a notice
explaining the mediation process.
(b) Representative. The association must send an authorized
representative to participate in the mediation. The association's
representative must know the facts of the dispute and must be authorized
to make an agreement to resolve the claim. The association must come
prepared to present any relevant documents, such as insurance policies,
payment receipts, adjuster reports, repair estimates, claim files,
or other documents.
(c) Assistance. In addition to its primary representative,
the association may bring other people to the mediation to help the
primary representative. This may include contractors, adjusters, engineers,
and interpreters.
(d) Association participants. No later than the seventh
day before the mediation, the association must tell the claimant who
will be attending the mediation for the association. The association
may be represented by an attorney in the mediation only if the claimant
is represented by an attorney.
(e) Rescheduling or canceling. No later than 24 hours
before the scheduled mediation, the association must tell the mediator
if the association wants to cancel or reschedule the mediation.
(f) Failure to appear.
(1) If the association has good cause for a failure
to appear, the mediator may reschedule one time. Rescheduling does
not relieve the association from the obligation to pay the rescheduling
fee.
(2) The association will be deemed to have failed to
appear if the association's representative lacks authority to settle
the full amount of the claim or lacks the ability to disburse the
settlement amount within a reasonable time following the mediation.
(g) Contract. If the department selects the mediator,
then before mediation begins, the association must sign the mediation
contract under §5.4237 of this title (relating to Mediation Process
- Additional Obligations for Department-Selected Mediators).
(h) Good faith. The association must negotiate in good
faith to attempt to resolve the dispute. However, there is no requirement
that the dispute be resolved in mediation.
|