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Blazing a Trail to Dispute Resolution: The Advantages of Mediating Insurance and Mass Tort Claims Following Wildfires in California

Year: 2025

Type: article

Abstract: Year after year, wildfires in California decimate property, the environment, and local communities, precipitating costly and protracted litigation. This Comment explores the advantages of mediating, rather than litigating, insurance and mass tort claims in the aftermath of these devastating natural disasters. In particular, this Comment contends that mediation benefits all parties—wildfire victims, their insurers, and alleged tortfeasors—by quickly and inexpensively resolving claims, preserving the common pool of funds to prevent insurer insolvency, and maintaining flexibility, predictability, and confidentiality. Drawing on examples of other successful disaster mediations, such as the Agent Orange case and those following Hurricanes Andrew and Katrina, this Comment proposes a structured wildfire mediation framework tailored to the needs of California’s communities, insurers, and utility providers.

Source: Pepperdine Digital Commons (Pepperdine University)

Author: Hanes, Kate

Institution: PG&E Corporation (United States)

Language: English

Topic: Dispute Resolution and Class Actions

Subfield: Strategy and Management

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W7036315142

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