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 formed a single Advisory and Dispute Resolution Panel to handle enquiries from the market, and, when required, to act as arbitrators or mediators in disputes. 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 keep under review the Rules of Practice of the Association.
3) To consider, arbitrate or mediate any dispute relating to adjusting or maritime matters.
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 Private Meeting of Fellows. One member of the Panel is appointed as Convenor.
All questions or disputes for consideration by the Panel should be referred to the Associations Secretariat, who will refer them to the Convenor for consideration and direction.
When a question does not relate to a current dispute an opinion shall be given by at least five members of the Panel.
When a question is referred by one party to a disputed claim an opinion shall be given by two Fellows from the Panel appointed by the Convenor who, if they fail to agree, shall appoint a third Fellow to act as a Referee. A charge shall be made for the time of the Fellows and the incidental costs of the Association.
When a question relates to a disputed claim the Convenor shall inform the parties of the names of the members of the Panel willing to act as arbitrators or mediators. If appointed as arbitrators, members of the Panel shall act in accordance with the Arbitration Acts and, if appointed as mediators, in accordance with the Centre for Dispute Resolution (CEDR) model mediation procedure. The parties shall be jointly and severally responsible for the fees of the members of the Panel and the incidental costs of the Association. Copies of the Forms for submission of a dispute for consideration by the Panel of Referees are available on this page for downloading.
The Convenor shall notify the Chairman of questions referred to the Panel and shall make recommendations as to the publication of opinions.
Further information may be obtained from the Convenor of the Advisory and Dispute Resolution Panel:
David Clancey [email@example.com]