(a) Participation. The claimant must participate in
the mediation. A claimant who participates in mediation must know
the facts of the dispute and must be authorized to make an agreement
to resolve the claim. The claimant must come prepared to present any
relevant documents, such as insurance policies, payment receipts,
adjuster reports, repair estimates, claim files, or other documents.
(b) Assistance. The claimant may bring other people
to help in presenting the claim. This may include contractors, adjusters,
engineers, and interpreters.
(c) Attorney. The claimant may, but is not required
to, be represented by an attorney in the mediation.
(d) Claimant participants. No later than the seventh
day before the mediation, the claimant must tell the association if
the claimant's attorney will be participating in the mediation. At
the same time, the claimant must also tell the association who else
will be attending the mediation with the claimant.
(e) Rescheduling. No later than 24 hours before the
scheduled mediation, the claimant must tell the mediator if the claimant
wants to reschedule the mediation.
(f) Failure to appear. If the claimant fails to appear
for a scheduled mediation for which the association appears, but the
claimant has good cause for a failure to appear, the mediator may
reschedule one time. Rescheduling does not relieve the claimant from
the obligation to pay the rescheduling fee.
(g) Contract. If the department selects the mediator,
then before mediation begins, the claimant 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 claimant must negotiate in good
faith to attempt to resolve the dispute. However, there is no requirement
that the dispute must be resolved in mediation.
(i) Rescission. The claimant has three days from the
date of an agreement to rescind the mediation agreement if the claimant
has not accepted payment from the association by:
(1) cashing or depositing any check or payment; or
(2) agreeing in writing to accept an electronic funds
transfer.
(j) Release. If the claimant does not rescind the settlement,
it acts as a release of the association's liability on the claim,
limited to the specific issues presented at the mediation. If an attorney
representing the claimant is present at the mediation and the attorney
signs the agreement, the agreement is immediately effective and may
not be rescinded.
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