§ 2696.4. Selection of Mediator; Objections.

(a) Immediately upon referral of a dispute to mediation, the Department shall transfer all information it deems necessary concerning the disputed claim to a mediator of its choosing, provided that such mediator has otherwise met the standards and qualifications set forth in Insurance Code Section 10089.77. Such information shall include, but not be limited to, the name of the insured, the address of the insured, the name of the insurer, and the address of the insurer.

(b) The Department shall select the mediator primarily on a rotation basis. The Department shall select a mediator that has expressed availability to conduct the mediation in the county of the insured's residence. The process of selecting a mediator, and the manner in which the mediator is assigned to mediate a dispute, shall be within the sole discretion of the Department, provided that such mediators have otherwise met the standards and qualifications set forth in Insurance Code Section 10089.77.

(c) After a mediator has been selected by the Department, either party to the mediation may object once to the selection of that mediator. If either party conveys that objection directly to the Department, in writing, the Department shall notify the other party and the mediator, and shall dismiss that mediator and select another mediator within 5 calendar days. If either party conveys an objection to the mediator directly to that mediator, then that mediator shall immediately notify, in writing or otherwise, the Department and the Department shall, within 5 calendar days, dismiss that mediator and select another mediator. Nothing in this subsection shall effect the right of a party to exercise their right to object pursuant to Insurance Code Section 10089.77(b).

HISTORY

1. New section filed 10-15-96; operative 10-15-96 (Register 96, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-12-97 or emergency language will be repealed by operation of law on the following day.

2. Repealed by operation of Government Code section 11346.1(g) (Register 97, No. 10).

3. New section filed 3-4-97 as an emergency; operative 3-4-97 (Register 97, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-2-97 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 3-4-97 order, including amendment of subsection (c), transmitted to OAL 7-3-97 and filed 8-13-97 (Register 97, No. 33).

5. Repealer of former section 2696.4 and renumbering of former section 2696.5 to new section 2696.4 filed 12-29-2006; operative 1-28-2007 (Register 2006, No. 52).

Note

Note: Authority cited: Section 10089.83, Insurance Code. Reference: Sections 10089.71, 10089.72, 10089.73 and 10089.74, Insurance Code.