Mediation of Bodily Injury and Property Damage Claims

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

69J-176.022Mediation of Bodily Injury and Property Damage Claims

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 39, February 26, 2016 issue of the Florida Administrative Register.

These changes are being made to address comments expressed by the Joint Administrative Procedures Committee.

69J-176.022 Mediation of Bodily Injury and Property Damage Claims.

(1) through (3) No change.

(4) Mediators.

(a) through (b) No change.

(c) Procedure and Conduct. All mediation conferences shall be conducted in accordance with this rule and Rules 10.200 through 10.690, Part II, Standards of Professional Conduct, of the Florida Rules for Certified and Court-Appointed Mediators (Effective 10/1/14), which are hereby incorporated by reference and available at http://www.flcourts.org/core/fileparse.php/550/urlt/RuleBookletJanuary2015.pdf , as set forth in rules 10.020-10.290, Florida Rules of Civil Procedure, and other consistent rules of conduct as promulgated by the Supreme Court of Florida. Mediators shall have the same responsibilities to the Department as they have to the courts under the Florida Rules for Certified and Court-Appointed Mediators. All mediators acting under this rule shall at all times conduct themselves in a professional manner consistent with the standards of their respective professions and the standards for mediators which may be adopted from time to time by the Supreme Court of Florida. The Florida Rules for Certified and Court-Appointed Mediators shall be read in a manner consistent with this rule and any conflict between this rule and the Florida Rules for Certified and Court-Appointed Mediators shall be resolved in favor of this rule. The mediator may meet with the parties separately, encourage meaningful communications and negotiations, and otherwise assist the parties to arrive at a settlement communicate privately with the person representing either side of the dispute during a mediation.

(d) No change.

(5) through (6) No change.

(7) Post-Mediation.

(a) Disposition. Mediators shall report to the Department on the status of property insurance mediation conferences by submitting Form DFS-I4-2169, Mediation Disposition Form (Rev. 2/16), which is hereby incorporated by reference. A copy of the form can be obtained at the following website: www.myfloridacfo.com/Division/Consumers/Mediation/CommercialResidentialMediation.htm. If the claim is settled prior to the mediation conference being held, the insurer shall report the outcome of the issue to the mediator prior to the scheduled hearing and the mediator will submit the Mediation Disposition Form confirming the settlement. A mediation conference will not be considered complete and the Administrator will not bill the insurer until this form is submitted.  At the conclusion of the mediation conference, the mediator shall report to the Department the results of the mediation using the space provided on. Failure of the mediator to promptly report shall be grounds for review of the mediator’s appointment.

(b) No change.

Rulemaking Authority 624.308(1), 627.745(4), (5) FS. Law Implemented 624.307(1), 626.171, 627.745 FS. History–New 3-14-93, Amended 8-6-98, 9-17-01, Formerly 4-176.022, 69B-176.022, Amended__________.

 

The remainder of the proposed rule reads as previously published.