Neutral Evaluator. Although it is anticipated that the claims process will proceed smoothly, the Settling Parties have agreed to retain a Neutral Evaluator to adjudicate any and all disputes concerning the eligibility of Settlement Class Members to obtain Payment Vouchers under this Agreement. In the event of a dispute, a Settlement Class Member must file a Notice For Determination of Eligibility (“Notice For Eligibility”) with the Neutral Evaluator within 12 months from the Effective Date. The Notice for Eligibility shall include a statement of the Settlement Class Member’s position as well as documents which support that position. The Neutral Evaluator shall provide notice to interested parties, conduct such inquiry as he or she believes is necessary and shall promptly issue a decision. The decision of the Neutral Evaluator shall be binding and not subject to appeal.
Neutral Evaluator. The Administrator shall send to Claimants whose Claim Form was denied payment for any reason other than untimeliness a notice explaining why. Those notices, as well as any letters sent to Claimants with a Claim Settlement Payment, shall explain that Claimants may dispute the amount of the Claim Settlement Payment or denial of their claim by requesting in writing final and binding neutral resolution by the Neutral Evaluator. In order to dispute a Claim Settlement Payment or denial of a claim and invoke the neutral resolution process, a Claimant must return any uncashed Settlement Check to the Administrator and explain in writing the reason for their dispute, as well as provide any supporting documentation, postmarked within thirty (30) days of the date shown on the notice or letter sent to that Claimant. If the Settlement Check is not timely returned, or if the Settlement Check is negotiated prior to final and binding neutral resolution by the Neutral Evaluator, then the dispute resolution process will be automatically terminated and the Claimant is not entitled to any further Claim Settlement Payment or other payment.
Neutral Evaluator. The Administrator shall send to Class Members whose Claim Form was denied payment for any reason other than untimeliness a notice explaining why. In addition, the Administrator shall send a notice to all Class Members who submitted a Claim Form, regardless of whether a Claim Settlement Payment was issued, explaining that Class Members may dispute the amount of the Claim Settlement Payment or denial of their claim by requesting in writing final and binding arbitration by the Neutral Evaluator. In order to dispute a Claim Settlement Payment or denial of a claim and invoke arbitration, a Class Member must return any uncashed settlement check to the Administrator and explain in writing the reason for their dispute, as well as provide any supporting documentation, within thirty (30) days of the date of the notice. If the settlement check is not timely returned, or if the settlement check is negotiated prior to final and binding arbitration by the Neutral Evaluator, then the dispute resolution process will be automatically terminated and the Class Member is not entitled to any further settlement payment.
