Proposing a Federal Post-Natural Disaster Mediation Program

Authors

Michelle Shaykevich, Benjamin N. Cardozo School of Law

Abstract

Section II explores the history of state and federal natural disaster mediation programs. Currently, there are three primary disaster mediation processes used by states. First, and most common, are ad-hoc programs. These programs are developed after a natural disaster has occured. Second is a program utilized exclusively by North Carolina, whereby an institutional organization maintains a "state of readiness" in the event of a declared disaster. The third type is a mediation program that is run by the state but specifically excludes the mediation of flood insurance claims. Regarding federal post-natural disaster mediation programs, Section II discusses current legislative and judicial endeavors in this area, culminating with the EDNY's mediation model. Section III addresses concerns with the current mediation systems. This section will consider, among other issues, states' lack of authority over FEMA, as well as fears over power imbalances between insurers and claimants. Section IV proposes the establishment of a federal disaster mediation agency by addressing the feasibility of the program's creation under the federal framework, reworking the best practices utilized by existing mediation programs, and by implementing additional measures to assure fairness in the mediation process.

Disciplines

Banking and Finance Law | Dispute Resolution and Arbitration | Housing Law | Insurance Law | Law

Recommended Citation

Michelle Shaykevich, Proposing a Federal Post-Natural Disaster Mediation Program, 20 Cardozo J. Conflict Resol. 193 (2018).
Available at: https://larc.cardozo.yu.edu/cjcr/vol20/iss1/11