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Ocean Point Claims:strategic use of appraisal vs mediation
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Appraisal vs. Mediation Strategy

Both appraisal and DFS mediation are escalation tools, but they solve different problems. Understanding the fit of each, and choosing the right one for the situation, determines the quality of the outcome.

Appraisal characteristics

  • Binding on amount of loss
  • Not binding on coverage (can't resolve coverage disputes)
  • Three-person panel (two appraisers + umpire)
  • Each side pays own appraiser; umpire split
  • Generally 2-4 months
  • Invoked by either party under policy clause

Mediation characteristics

  • Non-binding (either side can walk)
  • Policyholder pays nothing typically; carrier pays ~$350
  • Single mediator; both parties present
  • Single session, typically 2-4 hours
  • Generally 2-8 weeks to schedule
  • Requires DFS approval for state-sponsored

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When each wins

Appraisal wins

  • Coverage agreed; amount disputed
  • Scope is fully documented
  • Expert reports available
  • Binding outcome desired
  • Willing to pay your own appraiser

Mediation wins

  • Both parties want to resolve
  • Scope / coverage somewhat disputable both ways
  • Fast resolution preferred
  • Low cost matters
  • Flexibility in outcome valuable

When each loses

Appraisal loses

  • Coverage dispute underlying
  • Scope documentation incomplete
  • Panel selection unfavorable
  • Long appraisal timeline problematic

Mediation loses

  • Carrier unwilling to negotiate
  • No flexibility on either side
  • Coverage categorically denied
  • Need binding resolution

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The sequence question

For many claims, both tools apply but in sequence:

  1. Mediation first: low-cost exploration of settlement possibility
  2. Appraisal if mediation fails: binding resolution on amount
  3. Both within the claim timeline: neither forecloses the other

Practical decision framework

Ask:

  • Is coverage agreed? (If no → not appraisal)
  • Is scope fully documented? (If no → not appraisal yet)
  • Is binding outcome needed? (If yes → appraisal; if no → mediation)
  • Is cost a factor? (If yes → mediation first)
  • Are both parties engaging? (If yes → mediation; if no → skip to appraisal)

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