Implementing Mediation in Hurricane Claims
When a hurricane hits, sizable damage can occur. Entire communities can be devastated. Property owners may feel real losses as they try to get their lives back on track. However, insurance companies are often under immense pressure during these times. Emotions may be elevated. Problems can become even more pronounced when hurricane claims are denied. Mediation can help resolve many legal issues related to claims, including:
Coverage
Disputes may arise when the parties do not agree about whether claims are covered under the policy. There may be differences in claims related to water or flood damage as opposed to wind damage. Certain natural events may be excluded altogether. A payment issue may have caused a temporary lapse to occur when a hurricane struck. Insurance companies and property owners may be able to resolve coverage disputes with the help of a trained third party neutral.
Evaluation of Property Claims
One of the most common disputes related to insurance claims is the cost to repair or replace damaged property. It is not uncommon after a natural disaster for local contractors to take advantage of the situation and to provide high quotes for repairs, leaving property owners and insurance companies at odds. Mediation can help provide efficient resolutions of these disputes. A mediator may be able to recommend options that both parties may agree to, such as choosing a neutral third party to complete an appraisal of the cost of making such repairs.
Fraud Claims
Insurance adjusters may be concerned about parties trying to take advantage of a natural disaster by making claims based on damages that were not otherwise covered. Property owners may be concerned that insurance companies are fraudulently denying their claims. Mediation can help clear up misunderstandings and avoid fraud claims from either side.
July 16, 2018
4 Reasons To Finalize Your Divorce In 2018 To Save Money – If your marriage is on the rocks, you need to be thoughtful about the timing of decisions — the government has recently enacted many tax laws that impact divorcing couples, especially those with high net worth. Tax codes are confusing in the best of times. This – let’s be honest – is not the best of times, which makes it more important that you understand how these new laws affect you.
How to Consolidate Your Debt – Once you’ve decided to consolidate your debt, there are several necessary steps you need to take so that it’s ultimately beneficial for you.
Key mortgage rates mixed for Monday – Mortgage rates moved in different directions today. The average for a 30-year fixed-rate mortgage was unchanged, but the average rate on a 15-year fixed tapered off. The average rate on 5/1 adjustable-rate mortgages, or ARMs, the most popular type of variable rate mortgage, climbed.
Fair Housing ADR Considerations
Fair housing matters may be litigated in courts, or they may proceed through alternative dispute resolution methods, including arbitration and mediation. Some important considerations for fair housing matters include:
Discrimination
State and federal prohibit discrimination in housing on various grounds. These grounds include discriminating against the sale, rental or financing of housing based on a person’s color, sex, national origin, religion, pregnancy, marital status, family status, disability, age or other specific factors. Discrimination may also occur if a housing provider changes the terms of housing, quotes different rates or applies different policies based on these factors. Discrimination may also be present if housing providers demonstrate preference for a certain group of people over others.
Potential Outcomes
When fair housing matters are litigated, the court may have some flexibility in the relief provided since housing often affects equitable laws. Therefore, a possible remedy may be for a buyer or renter to be able to move into a desired property. In ADR, the parties may brainstorm possible solutions to resolve their legal dispute. Their final settlement may be based on requirements that a court may not necessarily consider or have the authority to impose, such as requiring more education for the housing providers or implementing a new program.
Options
Parties who do not want to litigate their fair housing matter may decide on a common form of alternative dispute resolution such as mediation or arbitration. Mediation is a process in which parties involved in a legal dispute work together to reach a mutual solution. The process is voluntary, and the mediator does not impose a ruling on the parties. Arbitration is similar to litigation in that the parties present testimony and witnesses to the decision maker. However, many of the procedural requirements are often relaxed and an arbitrator with subject matter expertise can be selected.
July 9, 2018
Choosing mediation over litigation – Insurance claims is a difficult business. Frequently, the claimants and insurers seem to have opposite goals. The claimant may feel that the carrier does not understand the loss the insured has sustained, and has no empathy.
My Big Fat Divorce – Learning About Your Options Through The Ending Of A Hollywood Marriage – In 2002 a very funny movie came out. My Big Fat Greek Wedding is the story of a Greek woman who falls in love with a non-Greek man. Hilarity ensues as they plan their wedding and meld their families and cultures. Actress Nia Vardalos wrote, produced and starred in the film which is loosely based on the real life events surrounding her marriage to Ian Gomez; who played the best man in the film.
Construction jobs rise; will housing inventory do the same? – The latest news out of the Bureau of Labor Statistics may bode well for the housing market — and Americans looking to buy into it. According to the BLS’s recent jobs report, construction employment was up by 13,000 in June and has risen by more than 280,000 since the start of the year.
Creative Solutions for Alimony Disputes in Mediation
Alimony is one of the most contentious aspects of a divorce case with the parties often taking polarizing positions. One spouse may feel that his or her contributions to the marriage are not appreciated and may feel that he or she has a right to alimony. The higher-earning spouse may resent the idea of having to provide financial support to whom he or she is divorced. Mediation can often bridge the gaps between the parties and provides the opportunity for creative solutions.
A mediator who is mediating an alimony dispute can talk to each party separately. During these one-on-one conversations, the parties may reveal that they share many of the same goals, such as wanting an amicable relationship, wanting financial responsibility for both parties, providing economic stability for the children and wanting eventual self-sufficiency. By talking to each party in a respectful way and targeting the parties’ shared goals, the mediator can often help the parties move from their positions toward an amicable compromise.
By reciting their goals and interests, the parties can then open themselves up to resolving their legal dispute through creative solutions. For example, a spouse may agree to not pursuing alimony if he or she can walk away with a valuable asset, such as the marital home. The parties may agree to other alternatives, such as splitting the time more equitably with the children so that each parent is responsible for them and associated expenses roughly half of the time. A spouse may agree to set up a trust and provide payments for specific purchases or uses. The parties are free to agree to any decision that they reach so long as it is legal, so this allows a lot of flexibility for the spouses.
June 22, 2018
How to Ask Your Spouse for Business Advice, According to This Divorce Lawyer – While having a spouse who is also an entrepreneur definitely has its perks, it can create some really problematic situations, especially around risk-taking, work-life balance and the inevitable competition. My husband and I are definitely a work in progress when it comes to running businesses, parenting and adulting. But as far as when and how to seek feedback from each other, we’ve got that down.
Confessions of a debt collector – If a business has debt and doesn’t pay, a debt collection agency will be on the hunt to track the money down. That’s where Dean Kaplan comes in. As CEO of The Kaplan Group, a commercial collections agency that deals with business debt, his company has collected tens of millions of dollars to return to their clients.
Despite Dip, Mortgage Rates Move Above 5% For Many Americans – The average 30-year fixed mortgage rate has dipped to 4.57%, from 4.62% a week ago. Although rates have been inching upwards over the last few months, they are still near historic lows. The time series from the St. Louis Fed reminds us that rates were closer to 6% in 2005 and 8% in 2000.