Mediation
The Labor Commission has established a mediation department to assist the parties in a workers compensation case reach settlement. Mediation is simply a chance for both sides to sit down with a neutral person to discuss fair settlement options. Nothing said in a mediation (except fraudulent misrepresentations) can be used against any party.
There are three steps in Mediation. First, the parties meet and each attorney provides a basic outline of their side of the case. The injured worker simply listens to both sides. Second, the insurance company attorney is moved to a separate room. This allows each side to speak confidentially with the mediator and discuss settlement proposals. The mediator takes settlement offers back and forth, discussing strengths and weaknesses in the cases. Third, once settlement has been reached or the parties decide settlement is not possible at that time, the parties meet again to decide how best to proceed.
If settlement is reached, the mediator will notify the Judge that the hearing can be cancelled. If settlement is not reached, the hearing proceeds as scheduled.
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