I have encountered many methods to perform the umpiring process, however the preferred method is holding true to the appraisal provision how it is outlined in most policies. The 2 appraisers should perform their inspection of the property, typically in tandem, and should try and reach an agreement as to the scope and value of the loss.

if the 2 appraisers can agree between themselves, the umpire will not be needed, however, if there are some components to the loss that cannot be agreed upon in a reasonable time, then those will be presented to the umpire for careful consideration. A review of local code, manufacturer’s recommendations, accepted building methodology, or other peer reviewed material may be in order as well. As the umpire, I understand the efforts and careful consideration that the appraisers have taken to assert their positions on the damage valuation and will also take the highest level of consideration.

Common Umpire Issues

Interjecting themselves into the appraising. Outside of performing an inspection for my own review of the damages, I do not interject myself. The umpire is there to consider the disputed components.

Refusing to proceed with an ‘empty chair appraisal’ when it is ultimately necessary. It is common to learn the umpire will not move forward, even when the other appraiser hasn’t made any contact with you and is not responding to communications over several months. As the panel’s umpire, if a request is made due to a lack of communication or cooperation, I will make repeated written requests to the party to respond. If at the end of the predetermined deadline there’s no response, we will proceed. This should be carefully considered on a case-by-case basis.

Weak construction knowledge. Some umpires may have a strong understanding of the ADR process, but have no idea what is needed to be done in dealing with a complex loss, such as a fire damaged structure, or where to look to find the information for what they don’t know or unfamiliar with. As your mediator, I have a strong construction background of remodeling, building custom homes, and rehabbing residential properties.

Strong construction knowledge, but no understanding of the ADR process. An umpire may have a wealth of construction knowledge, but has little understanding of the mediation process and of what the umpire’s role is and is not. This can hurt the panel’s professional efforts at properly representing the damages, ultimately resulting in wasted efforts and resources.