Mediation

What is workers’ compensation mediation?

Mediation is assisted negotiation. The mediator organizes communication and helps the participants work with a clearly identified dispute, but the mediator does not impose a settlement while acting as mediator. Depending on the governing Program, mediation may address one issue, several related issues or a broader effort to resolve a claim.

Ombudsman, mediation and arbitration: who controls the outcome?

Ombudsman assistance, mediation and arbitration are different stages with different purposes. They should not be treated as different names for the same service. The clearest distinction is the location of decision-making authority at each stage.

What does a workers’ compensation mediator do?

A mediator may Help define exactly what is disputed. Identify points on which the participants already agree. Organize the exchange or discussion of relevant information. Separate factual, procedural, medical, financial and legal questions without deciding them. Help participants identify the consequences of leaving an issue unresolved. Explore possible complete or partial resolutions.

What kinds of workers’ compensation disputes may reach mediation?

The issues that may be mediated depend on the governing Program and any procedures that must occur first. Examples can include disagreements concerning: Whether the employee or claim is covered by the ADR Program. The identity of the employer, insurer or claims administrator. Claim acceptance, delay or denial. The claimed injury, body parts or cumulative-trauma period.

What happens after mediation?

When an agreement is reached, it should be documented with sufficient clarity to identify: The participants and claim. The issues submitted to mediation. The matters resolved. Any payment, performance or document-delivery obligations. Applicable deadlines. The procedure for approval, entry or enforcement. The issues, if any, that remain unresolved.