What is a Mediation?
An alternative to litigation is an mediation. In an mediation both sides would argue their case to an independent mediator, usually a retired judge. After hearing all the testimony, the mediator renders a decision taking into account how the accident occurred, and the injuries you sustained. This decision would determine the amount, if any, of compensation that you are entitled to. Neither side is bound by the mediator’s decision.
A mediation is a meeting between the parties and an informal 3rd party mediator, in an attempt to resolve the pending disputed issues or to settle the entire case. Although the parties can settle the case or resolve issues without a mediation, I find it the best time to discuss resolution of issues and settlement. A mediator is not a Judge, and cannot order the parties to do anything. A mediator is usually an experienced attorney, former Judge, or some other individual with special knowledge of workers’ compensation matters. A mediator does not work for either side, and merely attempts to get the issues resolved or the case settled, utilizing their expertise in workers’ compensation matters. If the parties cannot resolve the issues or settle the case at a mediation, an impasse will be issued. An impasse is required before the parties can go forward and have the Judge of Compensation Claims hear the disputed issues in the case. If an impasse is issued, do not think of it as a failure. I
A mediation is a meeting between the parties and an informal 3rd party mediator, in an attempt to resolve the pending disputed issues or to settle the entire case. Although the parties can settle the case or resolve issues without a mediation, I find it the best time to discuss resolution of issues and settlement. A mediator is not a Judge, and cannot order the parties to do anything. A mediator is usually an experienced attorney, former Judge, or some other individual with special knowledge of workers’ compensation matters. A mediator does not work for either side, and merely attempts to get the issues resolved or the case settled, utilizing their expertise in workers’ compensation matters. If the parties cannot resolve the issues or settle the case at a mediation, an impasse will be issued. An impasse is required before the parties can go forward and have the Judge of Compensation Claims hear the disputed issues in the case. If an impasse is issued, do not think of it as a failure. I
