Other
Mediation of Insurance Disputes
Nataša Petrović Tomić
; Pravni fakultet Univerziteta u Beogradu
Abstract
As a form of alternative disputes resolution the mediation has numerous benefits, e.g. it presents the quickest and most convenient way to settle disputes. Its position of offering legal services in a country the mediation can build on a basis of already proved inefficient and excessively slow judiciary. It is a counterpoise to strictly formal and overexpensive state system for providing legal protection, and therefore, in mediation parties feel that the resolution of their dispute is in their hands. This characteristic singles out the mediation from other methods of dispute resolution and has a positive effect on its acceptance. The article deals with reasons to justify implementation of insurance mediation. In the first part of the article, the author explains arguments in favour of mediation in general. Furthermore, she stresses litigation cost savings, negative image avoidance of the insurer, interest orientation of the mediator and lack of powers to deliver a binding decision as factors which could have an effect on this ADR model’s acceptance in the field of insurance. In the second part of the article the author pays a special attention to the issue of mediability of disputes over insurance. Having in mind basic characteristics of modern insurance regulations, in particular the need to protect a policy holder and insurance customer, the author draws a conclusion that implementation of practice to resolve disputes by mediation, but not in front of the court, has not been contrary to the most recent tendencies in this legal field. The author calls for creation of legal infrastructure and social climate which could change people thinking about litigation and accept mediation of insurance disputes as a prior and regular course of dispute resolution, which could, in numerous cases, prevent future disputes. The last part of the article presents critical assessments of Serbian law paying special attention to the question whether the Serbian National Bank is best institution to take a function of mediator in insurance disputes. The author firmly believes that mediation of insurance disputes is in the interest of insurer and policy holders benefiting them directly (reducing costs and time) and indirectly (maintaining long-lasting business relationships and improving business performance).
Keywords
mediation; insurance; dispute resolution; interest of parties; safety
Hrčak ID:
61656
URI
Publication date:
8.4.2010.
Visits: 3.432 *