Dispute Resolution

Average Adjusters are natural mediators; our profession grew out of the need in the market to help people reach fair settlements. The strengths and advantages of Average Adjusters are that we are practical, experienced generalists, who can understand and interpret clearly the views of specialists and help to reach sensible solutions on maritime casualties and claims. The Fellows of the Association are all qualified by examination and these examinations cover not just the Averages, Particular and General, and the Marine Insurance Act, but also salvage and carriage of goods by sea and related matters.

The Association has an Advisory and Dispute Resolution Panel to handle enquiries from the market, and, when required, to assist in dispute resolution. The duties of this Panel are:-

1) To consider and reply to any question upon which the advices of the Association is sought.

2) To consider and assist in the resolution of disputes relating to adjusting or maritime matters.

3) To keep under review the Rules of Practice of the Association.

The Panel consists of the Chairman of the Association, if he is a practising Fellow or the Vice-Chairman if he is not, and seven other Fellows elected at the Annual General Meeting. One member of the Panel is appointed as Convenor.

The Panel also provides opinions on matters of general interest put forward by the insurance market for consideration by the Association.  In such cases the opinion shall be given by at least five members of the Panel, and in most cases, will be publicised on the website.

The Association may respond to any question raised on a specific point of Adjusting practice.  This can be undertaken by the appointment of two or more Fellows.  The appointing party shall be responsible for the Association’s fees and incidental costs for this service.

The Association may assist parties with dispute resolution, either on a binding or non-binding basis.  This can be undertaken by the appointment of two or more Fellows to arbitrate on the matter in hand.  Unless otherwise agreed, the parties shall be jointly and severally responsible for the Association’s fees for this service and the incidental costs of the Association.

All work is undertaken strictly under the Terms and Conditions of the Association of Average Adjusters.

All questions or disputes for consideration by the Panel should be referred to the Convenor of the Advisory and Dispute Resolution Panel:

David Clancey [david.clancey@marineadjustingsolutions.com]