Scheduling Order Required Adjuster’s Attendance
A word of caution, if the scheduling order requires that a party participate in person at a mediation, the insurer must send a person to the mediation. An insurer may avoid the requirement by agreement of the parties or by requesting an exception from the court. Lee v. GEICO Indemnity Company, 2008 AP 3125.
In this case, the court's scheduling order required that the parties attend the mediation "in person." GEICO's representative worked out of a Macon, Georgia office. GEICO unilaterally decided not to send anyone to the mediation. The mediation proceeded with the plaintiff's final demand of $8,000 and GEICO's last offer was $2,000. The plaintiff did not object to the non-appearance at the mediation. However, five days after the mediation the plaintiff filed a motion for sanctions for GEICO's failure to comply with the scheduling order. The trial court granted sanctions against GEICO in the amount of $695.70.
GEICO argued that the plaintiff waived its objection by not raising it at the mediation. The appellate court summarily rejected that argument. GEICO also argued that it was justified in not sending a representative to the mediation because of the travel required. The appellate court focused on the trial court's authority and GEICO'S cavalier disregard of the court's scheduling order. It found that GEICO's unilateral decision undermined the court's authority and the sanction was warranted.
