As a residence of the state of Florida, if you have sustained some degree of residential or commercial property damage and have filed a property damage claim, you have the right to participate in the state mediation program, if you are engaged in a dispute with your insurance company over the matter.

This alternative dispute resolution process is overseen by the Department of Financial Services and is known as DFS mediation. But what is DFS mediation, and how does it work?

What is DFS Mediation?

. While the insurance company pays for DFS mediation, both parties must agree on a mediator before the procedure begins. The mediator must be experienced in financial dispute resolution and insurance claims and is usually an attorney or a retired judge.

In essence, the purpose of either residential property mediation or commercial property mediation under the Department of Financial Services is to attempt to negotiate the claim and reach a settlement to avoid taking the dispute to trial.    While mediation is not legally binding, at times, it can be an effective way for policyholders to resolve disputes with their insurance company, particularly if both sides act in good faith. However, often the insurance company does not act in good faith and the DFS property mediation serves only the insurance company’s interests & not yours.

So, what can you expect at a DFS mediation conference?

How Does DFS Mediation Work?

As mentioned, both parties must agree on a mediator to conduct the conference and assist in reaching a settlement.  The policyholder can bring an attorney to the conference (and is encouraged to so) but he or she must notify the insurer beforehand. The insurance company is responsible for covering the costs of the mediation conference. The mediator’s job is to assist and encourage the resolution of the dispute at hand without having any authority to dictate the outcome. Meanwhile, the insurance company will provide a representative with the authority to settle the claim at the mediation conference.

At the mediation conference, the attorneys of both parties will first take turns presenting the relevant evidence and what they believe this evidence will demonstrate if the dispute were to be taken to trial. Attorneys of both parties will highlight what they believe to be the strengths of their case and the weaknesses of the other side’s case.

During this entire process, the mediator is free to ask various questions of both parties to clarify important points. After all this, the two parties sit in separate rooms, and the property owner will make a demand for a specific amount, which will always be much higher than the insurance company is willing to offer. The insurance company   will in turn make a lower counteroffer. The mediator doesn’t issue a “ruling” or make a final decision; rather, the mediator encourages both parties to come to an agreement themselves. In general, the insurance company representative will stick to offering you a minimal amount to settle your claim dispute in full.

The mediator will continue to go back and forth between the two rooms to encourages both parties to relax their position and come to an agreement to settle this dispute. The key to the mediation is not to feel pressured to take the money your insurance company is offering. You do not need to settle for less than you deserve under your policy and can stop the mediation if it is not going anywhere. However, if both sides are willing to come to an agreement, the case gets settled at mediation. If the parties reach a settlement agreement at the mediation conference, they have three days to rescind it, unless a check has been cashed. If your matter is not resolved the mediation will end, and both parties will effectively pretend like it never happened. In that situation your cases continue to be disputed and the next step will likely be to file a lawsuit against your insurance company & to litigate your dispute. If your damage claim proceeds to trial, the jury will never hear about the mediation, and everything that happens at the mediation will remain completely confidential.

Consumer Law Office – Handling Property Insurance Disputes From Start to Settlement

Suppose you are about to participate in a DFS mediation conference with your insurance company over an unresolved claim for residential or commercial property damage, this can be a very intimidating process, to go through alone- so don’t! The insurance companies’ representative has been to dozens if not hundreds of mediations, while you as the insured likely have not been to even one. Homeowners have multiple options when it comes to resolving disputes with their insurance providers. If you have a property damage claim, immediately contact the Property Damage Attorneys at Consumer Law Office (CLO). The team at CLO will be with you from the very beginning and throughout the entire process and will advocate & fight on your behalf to see that YOU get the full benefits YOU are entitled to under your insurance policy.

If meditation is right for you, the highly experienced attorneys at Consumer Law Office will  help you through the entire mediation process and present your case to the insurance company’s representatives demanding the settlement that we believe you are entitled to under your insurance policy. The Property Damage Attorneys at CLO will then take your insurance company to s to court if the DFS mediation conference does not conclude with a settlement that suits YOU.

Consumer law Office is a client-centric law firm that is committed to delivering excellent customer service. We help our clients understand their insurance coverage and protect their rights and interests in a coverage dispute. Property damage can have an impact on your quality of life, peace of mind & your financials, so we understand how important it is to resolve your insurance disputes favorably & quickly.

The experienced and dedicated Property Damage Attorneys of the Consumer Law Offices P.A. have helped 1000’s homeowners and businesses resolve coverage disputes through strategic negotiation, mediation, litigation & conclusion at trial where necessary. Your insurance company has the resources to hire experts to protect their interests; your representation should be no different. At The Consumer Law Office, we got your back!

For more information, visit https://consumerlawoffice.com/ or Contact us on our Phone: 305-940-0924