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Alternate Dispute ResolutionAlthough uncommon, disability claim disputes may put dentists in a position where they could face a long and expensive legal process. That’s why CDSPI and The Manufacturers Life Insurance Company (Manulife Financial) have developed an innovative Alternate Dispute Resolution (ADR) process designed to resolve these disputes in a timely and cost-effective manner. The process applies to Long Term Disability Insurance and Office Overhead Expense Insurance claims (for amounts at issue of $15,000 or more) that commence after January 1, 2001. If a dentist elects to use ADR, he or she will sign an ADR agreement which includes a waiver of all rights to pursue the dispute in the courts. The dentist — not the insurer — selects an arbitrator from an independent panel who will preside at a one-day hearing. This allows the dentist to have some control over the claim adjudication process if he or she wishes to use ADR. Furthermore, the dentist decides whether or not to have lawyers conduct the hearing (if the dentist decides not to be represented by a lawyer, the insurer will not be either). Here’s how the process works: Once relevant documents have been exchanged, the arbitrator will convene a hearing. After hearing both parties’ witnesses, the arbitrator will prepare a written decision and seal it in an envelope. A mediation session will then take place, through which the dentist and the insurer will try to reach a settlement. If they fail to reach an agreement during the allotted time period, the arbitrator’s decision will be opened and will become binding on both parties. For more information about the ADR process, contact CDSPI’s Claim Support Centre.
CDSPI | Insurance | Investment | Affinity Services | New Dentists/Students | Dental Staff
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