IME Life New

What are the main provisions in the work procedure related to mediation and arbitration in the insurance sector?

SPIL
Global College
Nepal Life New

Kathmandu. Nepal Insurance Authority (NIA) on August 28, 2081 has implemented ‘Mediation and Mediation Procedure, 2081’ to make procedural provisions regarding the settlement of insurance disputes through mediation and mediation.

This procedure directs the process of finding solutions to disputes submitted to the quasi-judicial authority through mutual agreement and mediation between the parties.

Esewa
Crest

The procedure includes two options: mediation and mediation. In mediation, the parties to the dispute seek a solution to the dispute by mutual consent without mediation from a third party and mediate in the presence of the Authority. In mediation, the third party (mediator) tries to find a solution to the dispute separately and through collective negotiation and discussion with both the parties. If the parties to the dispute agree on the option suggested by the mediator, the dispute is resolved.

Key Features of the procedure

  • In any complaint filed with the Insurance Authority or if the insurer, insured or any party to the insured requests for settlement of a dispute through mediation or mediation, the dispute may be settled by mediation or mediation,
  • Provision for the formation of a ‘Mediation and Mediation Committee’ under the coordination of the Chairman of the Authority to resolve disputes through mediation or mediation,
  • If the parties to the complaint or dispute wish to settle the dispute through one of the processes of mediation or mediation, an application should be made to the Authority stating the details thereof,
  • Conciliation or mediation proceedings begin upon receipt of an order for settlement of disputes by mediation or mediation,
  • }

  • Report of the Conciliation and Mediation Committee to be submitted to the Board of Directors,
  • to provide a mediation or mediation operation room and a solitary negotiation room for mediation or mediation work in the Authority,
  • Except otherwise provided for in the prevailing law, all procedures carried out by the Conciliation and Mediation Committee shall be kept confidential,
  • If there is a conflict of interest of any member of the Conciliation and Arbitration Committee in any complaint or dispute, such a member shall not entertain the dispute relating to conciliation and arbitration,
  • }

  • The Mediation or Arbitration Committee shall assist the parties in an independent and impartial manner in settling the dispute in an amicable manner,
  • }

    When settling a dispute through mediation or mediation, the dispute shall be settled within 60 days from the date of initiation of the work of the mediation or arbitration committee.TAG_OPEN_li_20

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