Disaster Mediation Programs - Ensuring Fairness and Quality for Minority Participants.pdf

Disaster Mediation Programs - Ensuring Fairness and Quality for Minority Participants.pdf

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+ 2 (,1 1/,1( Citation: Bobby Marzine Harges, Disaster Mediation Programs - Ensuring Fairness and Quality for Minority Participants, 39 Cap. U. L. Rev. 893 (2011) Provided by: The University of Hong Kong Libraries Content downloaded/printed from HeinOnline Mon Mar 5 02:32:35 2018 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Use QR Code reader to send PDF to your smartphone or tablet device
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DISASTER MEDIATION PROGRAMS-ENSURING FAIRNESS AND QUALITY FOR MINORITY PARTICIPANTS * BOBBY MARZINE HARGES I. INTRODUCTION In recent years, natural disasters such as floods, hurricanes, mudslides, and fires have caused massive and catastrophic damage to residential property, precipitating thousands of damage claims brought by affected homeowners.' Insurance plays an integral role in recovery after such disasters because victims need to settle claims quickly with their insurers 2 to begin the rebuilding process. Without insurance proceeds, many homeowners are unable to repair the damage to their homes, preventing the homeowners from moving forward with their lives. 3 Quickly settling the individual insured's claim also serves the region as a whole by avoiding economic disaster in the affected area. 4 In response to the high volume of claims brought in recent years, state departments of insurance have promulgated emergency rules to help resolve disputes arising from these claims. s In general, the mediation Copyright C 2011, Bobby Marzine Harges. * Bobby Marzine Harges is the Adams and Reese Distinguished Professor of Law II at Loyola University New Orleans College of Law. Special thanks to Amanda Lagarde Sullivan, Loyola University New Orleans College of Law, Class of 2010, and reference librarian Etheldra Scoggin for their excellent research assistance and editorial skills. 1Elizabeth Baker Murrill, Mass Disaster Mediation: Innovative ADR, or a Lion's Den?, 7 PEPP. DisP. RESOL. L.J. 401, 404-07 (2007). A few examples of these costly natural disasters are the 1992 Hurricanes Andrew and Iniki, the 1994 Northridge earthquake in California, a 1998 flood in Grand Forks, North Dakota (which triggered a fire affecting 50,000 residents), and the 2005 Hurricanes Katrina and Rita. Id. 2 See Susan Zuckerman, Mediation Program Helps Miss. and La. Rebuild After Katrina and Rita, Disp. RESOL. J., Aug.-Oct. 2006, at 12, 12 ("Insurance was a key issue because of the great impact it could have on the recovery effort."). ' See id. 4 Id. ("Recovery was essential to stave off economic disaster for the region as a whole."). See, e.g., Div. OF CONSUMER SERVS., FLA. DEP'T OF FIN. SERVS., RULE No. 69BER04- 18, ALTERNATIVE PROCEDURES FOR RESOLUTION OF DISPUTED PERSONAL LINES INSURANCE CLAIMS ARISING FROM HURRICANE AND TROPICAL STORM DAMAGE (Oct. 11, 2004) (continued)
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894 CAPITAL UNIVERSITY LAW REVIEW [39:893 processes forged by these rules are designed
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