Broussard Dove Law Blog
Appraisal vs. Mediation
We’ve been asked the question: What’s the difference between Appraisal vs. Mediation? If you and your insurance company disagree on the value of your claim, fear not; you are armed with powerful tools at your disposal prior to filing a lawsuit.
Appraisal is a clause in most insurance policies where either party can demand appraisal if an agreement to the scope of the damages is at issue. Each party selects an appraiser to represent them. The selected appraisers will meet and discuss the claim and attempt to agree on the scope and value to repair the damages. If they cannot agree, they will select an umpire who will decide the scope and value of the claim.
Mediation is a more formal legal process where both parties voluntarily agree to submit their arguments to a neutral mediator. Mediation is similar to an informal mock trial in that you will have an opportunity to argue your case to the mediator. One main difference in mediation versus a trial is that you will confidentially speak to the mediator outside of the presence of the insurance company. The mediator must keep secret anything you wish to not reveal. This presents a great opportunity to explore the strengths and weaknesses in your claim. The mediator will go back and forth speaking to you and the insurance company in private in an attempt to settle the claim. The mediator is typically a seasoned trial attorney or retired judge. At the mediation, we negotiate for the full value of the claim, bad faith penalties, and attorney’s fees. It is important to note mediation is non-binding unless both parties agree to the settlement.
We have been extremely successful utilizing each of these strategies. In a lot of cases, we are able to conduct a mediation prior to even filing a lawsuit. We have found for some claims mediation is the quickest, most cost-effective approach to putting money in our client’s pocket without the need for a lawsuit.
Feel free to contact us for a free consultation and claim review should you have any questions!
Sye J. Broussard, J.D., M.B.A.
Broussard | Dove, APLC
7605 Park Ave | Houma, Louisiana | 70364
Geaux Local | Geaux with Experience | Geaux with Results
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