Mediation is set forth in the State of Florida Insurance Statutes. Mediation is the step between your receiving some compensation for your claim and your filing a lawsuit for additional compensation. A mediator (attorney) is appointed by the state within 30 days following the request by the insured. The mediator meets with the all of the parties named in the insurance policy, your Public Adjuster and a representative from your insurance company. The mediator is trained to move both sides to agree on an amount thus avoiding lawsuits that could result in jury trials that could clog up the courts. Mediation meetings generally take less than an hour. Mediation is not binding unless all parties agree.
Sometimes the mediation works and we settle and sometimes it does not. If we have an impasse, the insured has the remedy of filing a lawsuit. The chance of not settling any case is less than one in one hundred. Insurance companies avoid going to trial at all costs because of bad faith damages that can be awarded against them. Suing an insurance company is not initially expensive on the part of the insured, however, it can be stressful and can take a while to complete. We have several attorneys that we have worked with for a long time that specialize in plaintiff representation against insurance companies.