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Arbitrator listens to facts and evidence and renders an award. Mediator helps the parties define and understand the issues and each side's interests. Parties present case, testify under oath. Parties vent feelings, tell story, engage in creative problem-solving.
Insurance arbitration occurs when an arbitrator?either a person or organization?steps in to settle a case and make a decision about how it's going to be resolved. The decision, called the arbitration award, then (typically) rules in one party's favor.
Also referred to as binding arbitration, mandatory arbitration clauses work by requiring a policyholder to submit any claims disputes with the insurer to arbitration rather than pursuing litigation. In these instances, the insurer and the policyholder both agree on an arbitrator.
During the arbitration proceedings, they will listen to each side and make a decision regarding the case's outcome. The arbitrator's job is not to get both sides to agree on a settlement but to listen to the arguments and evidence presented by each side and make a settlement decision.
Arbitration may be used to settle an insurance dispute between an insurance provider and a policyholder. Instead of filing a lawsuit, the insurer and the policyholder both present their case to the arbitrator. The arbitrator reviews the facts and comes to a decision about how to resolve the dispute.