Mass mediation in disasters – Mitigating the inherent risks

Mahaseth, Harsh, Jain, Juhi and Dang, Muskan (2023) Mass mediation in disasters – Mitigating the inherent risks. GLS Law Journal, 6 (1): 2024. pp. 1-12. ISSN 2582-5402

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Abstract

Disasters in general render victims vulnerable, especially at the hands of insurance representatives. Given the mental distress that the victims are already reeling under, among other factors, and the power that insurance companies exercise during this time, aggravates this issue. Often litigation is resorted to, but to no avail, given the inherent pitfalls of the mechanism. Mediation in such scenarios is seen as an effective remedy to resolve disputed insurance claims. In fact, the success of mediation during multiple disasters over the past few decades have proved its strength. While mediation is the best alternative, it suffers from certain risks. The aim of this paper is to therefore evaluate the special risks posed in such mass mediation. This paper will first introduce the concept of how mediation comes into play post disasters and why it is seen as the best system to resolve disputed insurance claims. It will subsequently look at some of the factors, both internal and external that pose challenges to this mechanism in the context of a post-disaster set up. This paper will subsequently analyze the different cases where mediation was used to settle the insurance claims and success of the respective programs. Lastly, this paper will then look at the implications for system designers and mediators, and finally conclude with recommendations for the furtherance of mass mediation

Item Type: Article
Keywords: Mass Mediation | Natural Disasters | Alternate Dispute Resolution | Implication
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 31 Dec 2023 16:43
Last Modified: 31 Dec 2023 16:43
Official URL: https://glslawjournal.in/index.php/glslawjournal/a...
URI: https://pure.jgu.edu.in/id/eprint/7154

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