Mediation is an informal way to resolve a claims dispute with your insurance carrier. Mediation is administered by the State of Florida and paid for by your insurance company. In mediation, you get the opportunity to try to settle your dispute with the carrier by sitting across the table from them and explaining your differences.
Mediation is non-binding. Neither you nor your insurance company has to reach an agreement at mediation. However, if you do it is a binding agreement.
Appraisal is very different than mediation. It is a form of binding arbitration and is designed to resolve valuation disputes between you and your carrier. In short the policyholder names an appraiser and the carrier names and appraiser. If they can agree on an amount of loss, then the claim is settled and the amount will be paid. This closes the claim.
If the appraisers cant agree on an amount then a neutral third party named an “umpire” will listen to both appraisers and make a determination as to the loss. This amount will be binding.
It is important to note that not all insurance policies require an insurance carrier to go to appraisal. After Hurricane Wilma, many insurance companies found that policyholders (and their public adjusters) were using appraisal to dramatically increase the amount of money that their claim was paid. In order to avoid this process and having to pay out claims, many carriers removed appraisal from their policy or at a minimum gave them the option to decide if they want to appraise a claim.
At the Hurricane Law Group, our goal is to try to resolve claims without litigation. Unfortunately, carriers do not always want to pay the full and fair value of a claim and policyholders have no option but to file suit. The litigation process can be can be time consuming, but the good news is that in Florida for almost all of our clients, the insurance carrier will pay your legal fees if we are successful. This means that in most cases, the policyholder does not pay anything in legal fees.
I hope that this helps. Please feel free to email me firstname.lastname@example.org or call me at 1-833-348-7742 should you have any questions or with to discuss your claim.