Arbitrator Programs - ARIAS•U.S.

Mediator Programs

ARIAS•U.S. recognizes that mediation is a viable tool for the resolution of reinsurance disputes. Successful mediation offers several benefits to the parties, including reducing the costs of dispute resolution, reducing the time that corporate personnel commit to dispute resolution, giving the parties the opportunity to maintain a productive commercial relationship and bringing about a relatively speedy resolution.

ARIAS•U.S. by-laws authorize the organization’s advocacy and sponsorship of mediation. These program provide a means for ARIAS•U.S. Certified Arbitrators with mediation training to be easily contacted for service in mediation of disputes.

Successful mediation generally requires a mediator who has been professionally trained in consensual dispute resolution or has substantial experience in the field. ARIAS•U.S. does not have in-house resources to train mediators, nor would it be cost effective ARIAS•U.S. to contract with an outside vendor to provide mediation training through ARIAS•U.S.

Qualified Mediator Programs
Voluntary Mediation Program

The Qualified Mediator Program

Criteria for a mediator to be qualified by ARIAS•U.S. are as follows:

The Qualified Mediator Program: Criteria for Qualification

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Categories	Eligibility Requirements
Membership	ARIAS·U.S. Member in good standing
Prior Qualification	Candidates must have a minimum of ten years of insurance or reinsurance experience. Candidates who lack this experience should contact ARIAS•U.S. to discuss options.
Training Experience	In addition to the requirements listed above, Candidates for Qualified Mediator must fulfill the requirements of Option A, B, C, or D below and adhere to the Ethics requirement.
Option A	Certification as a mediator by a state or federal court mediation program satisfactory to the Board of ARIAS•U.S.
Option B	Within the last ten years, successful completion of a mediation training program requires a minimum of 24 hours with mediation training provided by an organization or educational institution that is satisfactory to the Board of ARIAS•U.S.
Option C	Participation as a mediator in at least five mediations in the last ten years.
Option D	Participation in a capacity other than as mediator (e.g., as counsel or client representative) in at least five mediations within the last ten years plus 18 hours of training as explained in Option B above.
Ethics	Agree to adhere to the Model Standard of Conduct for Mediators as promulgated by the AAA, the ABA, and the Association for Conflict Resolution.

Ongoing Qualification Requirements

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The ongoing certification requirements for Qualified Mediators are as follows:

Download and Complete an Application:

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To apply for qualification, a candidate should complete the ARIAS·U.S. Application for Qualification as Mediator as a PDF or Word Document and email it to certification@arias-us.org along with a certificate or other details that show the nature and length of the course. Applications will be presented to the Board of Directors at their regularly scheduled meetings.

Qualified Mediator Listing

As approved, “ARIAS•U.S. Qualified Mediators” are listed in the Online Arbitrator Search System if they are also a Certified Arbitrator (all except one are). In addition, when a mediator is qualified, he/she will be announced in the ARIAS•U.S. Quarterly. The listing of ARIAS•U.S. Qualified Mediators is a service to ARIAS members, and does not constitute any representation by ARIAS•U.S. about any Qualified Mediator.

The ARIAS•U.S. Voluntary Mediation Program

Absent settlement, resolution of smaller reinsurance coverage disputes can be both expensive and time-consuming. Mediation is a tool for the efficient and fair private resolution of disputes.

In order further to promote the use of mediation in the insurance and reinsurance industry and to provide a mechanism for the resolution of smaller disputes, a number of ARIAS•U.S. Qualified Mediators have expressed willingness to serve as voluntary, uncompensated mediators on smaller matters. The details of this offer are as follows:

Disputes involving three or fewer separate issues (as defined by the parties) and a contested value of up to U.S. $500,000 (exclusive of claims for interest, attorneys’ fees and extra-contractual relief, if any) are eligible.

Mediators can be selected by agreement of the parties from the List of Mediator Volunteers or can be chosen at random from the list by ARIAS.

The mediator will lead a three-hour mediation between the parties without charge for the mediation or any preparation time.

The parties will pay the mediator’s reasonable out-of-pocket expenses for the three-hour mediation (e.g., reasonable travel costs, photocopying, etc.).

Beyond the initial three hour mediation, the mediator will only incur additional time at the request of the parties, and will be paid as agreed by the parties and the mediator.

The mediation will be conducted pursuant to a written agreement of the parties encompassing confidentiality and other procedural issues.

Qualified mediators who are willing to participate in this program will be identified on the ARIAS•U.S. website, as they volunteer. Note that ARIAS•U.S. Qualified Mediators are ARIAS•U.S. Certified Arbitrators who have undertaken significant mediation training and in many cases have significant mediation experience.

Newer Arbitrator Program

This ARIAS•U.S. program attempts to solve those problems by providing parties with lower dollar-threshold reinsurance disputes a way to utilize newer arbitrators to conduct efficient arbitration proceedings.

Mediator Programs

The Qualified Mediator Program

Qualified Mediator Listing

The ARIAS•U.S. Voluntary Mediation Program

Newer Arbitrator Program

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