1. (a) Upon receipt of the Referral to Mediation from the Department, the mediator shall hold a telephone conference prior to the mediation conference to discuss items necessary to the mediation. Necessary items include, but are not limited to:

   1. (1) The date, time, and location of the mediation conference;
   2. (2) Whether the insured will be represented by counsel at the mediation conference and, if so, whether the insurer will be represented by counsel;
   3. (3) What documents will be produced at the mediation conference and whether there is any dispute with respect to the production of documents;
   4. (4) Any other matters as shall promote an effective mediation conference, including attendance and participation of non-parties at the mediation conference.
2. (b) During the telephone conference, or at any time before the mediation conference commences, the mediator may, in said mediator's discretion, order either party to produce other documents that the mediator determines to be relevant to the issues under mediation.

3. (c) Upon completion of the telephone conference, the mediator shall issue a written notice to the insured and the insurer. Such notice shall:

   1. (1) Contain the date, time and location for commencement of the mediation conference;
   2. (2) Advise the parties that the cost of the mediation will be borne by the insurer, except to the extent provided in Insurance Code section 10089.81 and the applicable regulations contained in this subchapter;
   3. (3) State that, in the event of the proposed settlement, the insured may have three business days to rescind the agreement, as specified in subdivision (c) of Insurance Code Section 10089.82.
4. (d) Within 5 calendar days of the date of the mediation conference, the insurer shall provide the insured and the mediator a written statement of the facts concerning the dispute. Within 5 calendar days before the date of mediation, the insured shall provide the insurer and the mediator a written statement setting forth the allegations and the issues which are the subject of the mediation.

Note: Authority cited: Section 10089.83, Insurance Code. Reference: Section 10089.75, Insurance Code.

History

1. New section filed 10-15-96; operative 10-15-96 (Register 96, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-12-97 or emergency language will be repealed by operation of law on the following day.

2. Repealed by operation of Government Code section 11346.1(g) (Register 97, No. 10).

3. New section filed 3-4-97 as an emergency; operative 3-4-97 (Register 97, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-2-97 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 3-4-97 order transmitted to OAL 7-3-97 and filed 8-13-97 (Register 97, No. 33).

5. Renumbering of former section 2696.6 to section 2696.5 and renumbering of former section 2696.7 to new section 2696.6, including amendment of section, filed 12-29-2006; operative 1-28-2007 (Register 2006, No. 52).

6. Change without regulatory effect amending subsection (b) filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.