We will notify the Respondent of your claim (the Respondent is the person or organisation your claim is against) The Respondent, usually represented by an insurance company, then must agree to the assessment and/or mediation of your claim. Consent to the Injuries Resolution Board process by Respondent is typically quite high. This will take a maximum of 90 days. The Respondent can also consent to using our mediation service in employer liability cases and this option is available to the Respondent in our employer liability formal notice. The Respondent has the following options:
- Consent to mediation only
- Consent to assessment only
- Consent to both mediation and assessment
- Do not consent to our involvement in the claim
If both parties consent to mediation, you will then enter our mediation process where one of our experienced and independent mediators will work with you and the Respondent with the aim of facilitating an agreed outcome.
If agreement is reached, the mediator will draft a written version of anything agreed orally. This will then go to both parties to sign and return. Once signed, there is a ten-day cooling off period, during which you can change your mind. If everyone is still happy after 10 days, the agreement becomes legally binding, and we will issue an Order to Pay. This order has the same standing as a court order.
If no agreement is reached, within our mediation process, the Respondent also consented to the assessment process and the claim is suitable for assessment, then you may proceed to Step 3 of our process below.
Please note, if the Respondent does not agree to a claim being dealt with by us at all, you are issued with an authorisation to take your claim through the court system, should you so wish.