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*This section is provided as a quick reference tool only.
(see disclaimer at the bottom)



Employee Information

Mediation


Mediation is a dispute-resolution method that relies on the open exchange of information, ideas and alternatives to help individuals resolve their difficulties outside of court. It has proven to be an especially cost-efficient tool for resolving disputes in the workers' compensation arena. It is a process which is usually ordered by the court and which requires the injured worker and the employer/carrier to attempt to mediate or resolve the case or the issues between themselves, without the judge's involvement.

Mediation usually requires all parties to be in attendance and is a process which is voluntary in nature. Although all parties' presence is required and is mandatory, coming to some agreement is not mandatory. The mediator is an impartial person who does not favor one side over the other and matters which are brought before the mediator in private conference cannot be disclosed to the other side without permission. The mediator attempts to try and get the parties to come to some type of conciliatory agreement. Resolving the issues or possible settlement of the case almost always means that the employer/carrier is paying money to the injured worker. Since no case is 100% guaranteed to each side to win or lose, each side comes to a mediation with a set of facts and arguments to help try and resolve the conflict.

If the parties cannot agree to resolve or settle the issues at mediation, the case proceeds to a hearing and the judge is not informed of any of the matters brought out at the mediation. Mediation is a time-saving opportunity for both sides to work out any difficulties before proceeding before a long and drawn out hearing before a judge which can result in an appeal. Your involvement at mediation can be as much or as little as you desire and normally, the attorneys present each separate side to the mediator and the mediator goes back and forth trying to get the parties to reach some type of agreement.



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*This section is provided as a reference tool only. Benefit rates as well as State agency contacts, phone numbers and addresses may change periodically and are not guaranteed. Please send notification of any changes to support@workerscompensation.com