Mediation and Alternative Dispute Resolution (ADR)

If you find yourself entangled in insurance-related disputes and seeking a swifter, more cost-effective resolution, mediation might be the solution you’ve been looking for. In this comprehensive guide, we’ll explore the intricacies of mediation, how it applies to insurance litigation, and why attorney W. Ashby Underhill can help you navigate this process.

What is Mediation? 

Mediation is a process whereby a neutral and impartial third person (“mediator”) acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and non-adversarial process intended to help disputing parties reach a mutually acceptable agreement. Rule 10.210. Even if mediation does not resolve a dispute in its entirety, it can settle portions of a dispute, narrow issues, or lay the foundation for a settlement in the future.

The role of the mediator is to reduce obstacles to communication, assist in identifying issues and exploring alternatives, and otherwise facilitate voluntary agreements resolving the dispute. The ultimate decision-making authority, however, rests solely with the parties. Rule 10.220

Mediation is a confidential process that allows the parties to have open discussions. Additionally, when the parties are in breakout rooms, conversations with the mediator are confidential and only shared upon permission.

Mediation may be required as a pre-suit requirement pursuant to Florida Statute, such as condo owners’ association disputes or pursuant to a contract. Mediation is also court-ordered in almost every civil lawsuit in State and Federal Court.

The Benefits of Mediation in Insurance Disputes

Expedited Resolution

Insurance disputes can be notoriously time-consuming when pursued through litigation. Mediation provides a platform to address these disputes swiftly, potentially saving months or even years of court proceedings.


Litigation costs can quickly escalate due to legal fees, court expenses, and other related costs. Mediation tends to be more cost-effective as it requires fewer resources and reduces the burden on both parties.

Preservation of Relationships

Maintaining amicable relationships between policyholders, insurers, and other stakeholders can be challenging during such times. Mediation fosters a cooperative atmosphere, which can help parties find common ground and avoid further strain on relationships.

Customized Solutions

Mediation empowers parties to create solutions tailored to their unique circumstances. This flexibility often results in more creative and mutually satisfactory outcomes than a court-imposed decision.


Unlike court proceedings, mediation discussions are confidential. This allows parties to openly share information without fearing damaging their case in the long run.

How Coquina Law Group Can Guide You Through Mediation

Attorney W. Ashby Underhill is a Florida Supreme Court Certified Circuit Civil Mediator. Ashby is also a WIND certified insurance appraiser and umpire. He can help you resolve your dispute by serving as the mediator or umpire. 

Ashby’s vast experience representing plaintiffs and defendants in personal injury claims, insurance disputes, construction disputes, and real estate disputes allows him to help the parties see each other’s issues and discuss the matter openly in an effort for the parties to reach an amicable resolution. Here are a few different ways that our team can assist you:

Thorough Case Assessment

We start by comprehensively assessing your case, understanding the nuances of your dispute, and identifying your goals. This evaluation lays the foundation for effective mediation strategy development.

Mediation Strategy Development

Attorney W. Ashby Underhill leverages his expertise to create a mediation strategy that aligns with your objectives. This includes outlining key negotiation points, understanding potential counterarguments, and preparing for various scenarios.

Expert Representation

Having a skilled legal advocate by your side can make all the difference during mediation sessions. W. Ashby Underhill presents your case persuasively, addresses opposing arguments, and guides you through the negotiation process.

Facilitating Constructive Communication

Effective communication is at the heart of successful mediation. W. Ashby Underhill ensures that your concerns are communicated, facilitating productive discussions that lead to mutually acceptable resolutions.

Frequently Asked Questions about Mediation in Insurance Litigation

Q1: How long does mediation typically take?

A1: The duration of mediation can vary depending on the dispute’s complexity and the parties’ willingness to cooperate.  Mediation usually requires 3- 4 hours, with some mediations going a full day or longer.  Although most cases resolve in a single session, others may require multiple sessions over several weeks as the parties resolve portions of the dispute.

Q2: Can I still pursue litigation if mediation fails?

A2: Yes, if mediation does not result in a satisfactory resolution, you still have the option to pursue litigation. Mediation is non-binding, meaning you are not obligated to accept any proposed settlement during the mediation process.  Many times, mediation is conducted during litigation by Court ordered.  Sometimes the parties need to conduct more discovery to reach a settlement.  Although the parties may not make a full settlement, mediation is still helpful in narrowing issues.  

Q3: Will I need to attend mediation sessions in person?

A3: Mediation sessions can be conducted in person or virtually, depending on the parties’ preferences and circumstances. Virtual mediation has become more common and convenient, especially when physical presence is challenging.

Q4: Is mediation suitable for complex insurance disputes?

A4: Absolutely. Mediation is suitable for complex insurance disputes. W. Ashby Underhill has the experience and skill to navigate even the most intricate cases, and most insurance disputes are resolved through mediation.  

The Mediation Process: Step by Step

Understanding the mediation process is essential to ensure you’re well-prepared for this alternative dispute resolution method. Here’s a step-by-step breakdown of what you can expect during mediation:

Step 1: Mediation Orientation

The mediator will usually meet with the parties separately and discuss the general case details.  (Breach of Contract/Personal Injury) and make sure the parties and their attorneys are with each other.  The mediator will then bring everyone into the main room and have introductions.  Then the mediation process will be discussed, and the rules on confidentiality.  The mediator will then ask for opening statements. 

Step 2: Opening Statements

During the initial session, each party will have the opportunity to make an opening statement. This is where your side of the story is presented, outlining your perspective on the dispute. W. Ashby Underhill will help create a compelling opening statement that captures the essence of your case.

Step 3: Joint and Private Sessions

Throughout the mediation, joint sessions (where both parties are present) and private sessions (where the mediator meets with each party separately) will occur. The mediator will shuttle between the parties, facilitating discussions and helping to bridge the gap between their positions.

Step 4: Negotiation and Problem-Solving

The heart of mediation lies in negotiation and problem-solving.  The mediation will assist the parties so they engage in constructive discussions with the other party, exploring potential solutions and compromises. The mediator will assist in finding common ground.

Step 5: Drafting the Agreement

Ashby Underhill will ensure the settlement agreement is in writing.  The party attorneys will discuss and draft any particulars to the settlement, including releases if needed.  

Step 6: Implementation and Follow-Up

Once the agreement is in place, W. Ashby Underhill file a mediation report with the Court if the matter is in litigation.  This report will state that mediation resulted in an impass (no settlement), settled, or was adjourned to be resumed at a later date.  

Why Choose Mediation Over Litigation

While litigation has its place in resolving disputes, there are distinct advantages to choosing mediation.  Mediation can save time and money and get to a resolution quicker than litigation.  The Court is going to order the parties to mediation.  Mediation is only helpful if the parties prepare for mediation in advance and have open discussion. 

Control over the Outcome

In mediation, you have a direct say in the resolution. Unlike litigation, where a judge’s decision and jury’s verdict  is binding, mediation empowers you to shape the outcome actively.  No attorney can guarantee the outcome of a case.  

Reduced Stress

The adversarial nature of litigation can be emotionally draining. Mediation promotes a more collaborative environment, reducing stress and anxiety associated with court proceedings.

Cost Savings

Litigation expenses can quickly accumulate. Mediation typically requires fewer resources, making it a cost-effective alternative.

Faster Resolution

Court dockets can be crowded, leading to delays in litigation. Mediation offers a quicker path to resolution, allowing you to move forward with your life sooner. 

Experience the Power of In-Person Mediation

At Coquina Law Group, we understand that the personal touch can make all the difference in achieving a resolution. That’s why we invite you to experience our in-person mediation sessions at our Daytona Beach office. Our skilled mediator W. Ashby Underhill will guide you through constructive discussions, helping you find common ground and confidently navigate even the most complex disputes. 

 Seamless Virtual Mediation via Zoom

We recognize that today’s world demands flexibility, so we bring our mediation services directly to you through Zoom. Our virtual mediation sessions offer the same expertise and care as our in-person sessions, allowing you to participate comfortably in your surroundings. The power to resolve your disputes is just a click away, ensuring that geographical barriers never hinder effective resolution. 

Your Schedule, Your Solution

We understand your time is valuable, and your schedule may not always align with ours. That’s why we go the extra mile to accommodate your needs. If the dates on our calendar don’t match yours, simply contact us. Our dedicated team is here to work with you and explore options that fit your schedule. Your convenience matters to us, and we’re committed to ensuring that mediation fits seamlessly into your life.

Call Coquina Law Group Today!

Coquina Law Group is here to guide you toward a swift and harmonious resolution. Don’t let disputes linger or escalate—take charge of your case with our trusted mediation services. Contact our office today to schedule your mediation session, and let us help you pave the way to a brighter, more cooperative future. Your resolution awaits, and we’re here to make it happen.