Benefit Claims Mediation and Arbitration
The administration of employee benefit programs and plans is fraught with litigation risk that can arise through unintentional acts or acts of omission, often by innocent error or a misunderstanding of the law or plan provision.
Prevention strategy and risk management are especially critical in ERISA plan administration since fiduciaries who do not follow the basic standards of conduct may be personally liable to restore any losses to the plan or to restore any profits made through improper use of the plan’s assets resulting from their actions.
In order to manage such risk, I have worked with many types of organizations by assisting them in several areas:
- Limiting the liability of fiduciaries through bonding, fiduciary liability insurance and hiring a service provider or providers to handle fiduciary functions,
- Identifying plan administration problems and shortcomings through plan reviews and interviews with staff before they escalate into a formal claim or full-blown litigation, and
- Mediating or arbitrating disputes before formal ERISA claims and appeals procedures are triggered.
Because I work as a neutral and not as an advocate, my services are sought out by such diverse groups as:
- Employers
- Unions
- Trustees of multiemployer (Taft-Hartley) plans
- Single employer plan sponsors
- Fiduciaries of employee benefit plans
- Attorneys
- Actuaries
- Accountants
- Third-Party Administrators (“TPAs”)
I am able to successfully work through complex and thorny issues with these very distinct groups, drawing upon my technical skill, many years of practical experience and respectful demeanor toward all parties. My use of active listening techniques and the promise of maximum confidentiality enable the individual to feel at ease with me and encourages a feeling of mutual trust, the cornerstone of any successful relationship. My years of experience ensure that I will bring a very high level of expertise that is necessary to ensure that all parties will be given a fair and intelligent hearing, and neither side will be compromised by a misinterpretation of the law, regulations, or plan documentation.
All consulting, auditing, and dispute resolution services are performed with the assurance of maximum confidentiality. I prefer to work with in-house counsel or the plan’s counsel in order to maintain the highest level of confidentiality and assert the attorney-client privilege, if available.