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Mediations

Mediation can be used in workers' compensation cases during the dispute process.

Mediation is available at any level where the parties might be close to a resolution and need assistance. All mediations are virtual sessions. Requests for mediation shall be made with the presiding Administrative Judge. If the judge is unable to conduct a mediation for any given reason, the request for mediation shall be submitted to the office of the Senior Judge.

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Guidelines for Mediation

The employee and the adjuster are required to attend the virtual mediation.

If the adjuster, for good cause, cannot be present, he or she shall be readily available by phone. This must be confirmed, in writing, by defense counsel.

If the employer plays a major role in whether a case can be settled, an employer representative must be present for the mediation.

Employee Counsel must make a settlement demand in advance of the mediation.

Defense counsel must come to the mediation with settlement authority. If the parties are so far apart that settlement appears unlikely (e.g., valuation, liability/no liability, etc.), please advise the mediation judge in advance so that a conference can be scheduled to evaluate whether mediation is appropriate.

Parties must submit to the mediating judge, via email, a confidential mediation memorandum which outlines their perspective of the case as well as outstanding medical and legal issues. The mediation memorandum should also provide a history of prior negotiations, i.e., demands, offers, accepted/unaccepted injuries, etc.

The mediation memorandum is due 48 hours before the scheduled date of the mediation or it will be cancelled.

Employee's counsel and defense counsel are required to share the virtual link to the mediation with the employee and the adjuster/employer, respectively.

Employee's counsel and defense counsel shall make the necessary arrangements to ensure that the employee and the adjuster/employer have the proper audio and video connection to join the mediation.

The parties are responsible to arrange the mediation via a virtual platform and send an email link to the mediating judge within 2 days of the scheduled date.

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