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Consumer Protection –
Automobile Injury Compensation Appeal Commission |
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Mediation is an informal and confidential process in which a neutral third party (the Mediator) helps the parties to resolve issues in dispute. By helping to clarify issues, the Mediator will work with both parties to find solutions which are agreeable to both parties.
The Mediator is a person who is independent of Manitoba Public Insurance (“MPI”) and the Automobile Injury Compensation Appeal Commission (“the Commission”). The Mediator does not take sides. The Mediator does not impose a decision.
There are two steps to the mediation process:
The Mediator will meet with each party separately before the mediation session to discuss what to expect at the mediation. When you meet with the Mediator during the pre-mediation process no one from MPI will attend. Everything discussed between you and the Mediator is confidential. During the pre-mediation meeting, the Mediator will clarify the issues to ensure that your view is understood and will discuss what you hope to achieve at mediation in light of MPI legislation.
Both parties will be present at this meeting. The Mediator sets an atmosphere in which each party has a chance to be heard. Each party is given the opportunity to describe the issues from their perspective, as well as their needs and goals. The Mediator helps define the areas of disagreement as well as consensus and explore possible solutions. The Mediator assists the parties in reaching their own agreement. The discussions that take place during mediation are confidential.
Mediation will occur after a Notice of Appeal of an Internal Review Decision has been filed and well before your appeal hearing is scheduled.
The Mediator prepares an agreement which sets out the issues that have been resolved or not resolved. For any issues that are not resolved at mediation, you may continue with your appeal to the Commission. The Commission is not informed of what was discussed at mediation. Any agreement that is reached at mediation is binding on both parties.
