The EQC mediation service, which started this week, will only be open to those offered mediation by EQC as a way to resolve differences.
AMINZ, the independent organisation running the service, does not decide which cases will be offered mediation.
EQC will signal the mediation offer by sending an Agreement to Initiate Mediation Process. This document when signed will be returned to EQC, who will advise AMINZ who then contacts you and help you to register for mediation.
To register you will need the claim number/s relating to the offer of mediation. If your claim is “over cap”, you will need to advise your insurer/insurance company.
What to Expect from Mediation
Mediation is a consensual process. That means that the mediator is not a decision-maker like a judge or an arbitrator. Rather, the mediator is someone who will facilitate the negotiation between you, EQC and any other parties.
Every mediation is different, but the first thing that will happen is that the mediator will contact you. You can expect the mediator will do the following things in relation to your dispute:
Talk to you about the dispute and talk to EQC about the dispute.
Talk to you about who you think needs to be at the mediation.
Ask you to sign an Agreement to Mediate. To view that document, click here.
Talk to you about experts you may wish to bring to the mediation.
Usually you will need to attend a joint session with EQC and any other parties. The mediator will organise the practicalities for the session - the time, date and venue.
At the joint session, the mediator will facilitate the negotiation. The length of time for the mediation can vary enormously depending on the dispute and the parties involved.
At the end of the mediation, if you have come to an agreement on all or some of the issues in dispute, you will sign a Settlement Agreement. To view a Settlement Agreement, click here..
The mediator will also ask you to fill in a questionnaire about the mediation, which we ask you to return to AMINZ.