Mediation

The Mediation Bureau is responsible for conducting informal conferences between injured workers and employers / insurers to resolve disputes over workers’ compensation benefits and/or the extent to which benefits are awarded.

Mediation Process

When a legal Complaint is filed with the WCA, the parties are required to attend an informal mediation conference. Meditation is an opportunity for the parties to discuss any areas in dispute and work in good faith to find an agreeable resolution to avoid formal litigation. 

Mediation conferences are facilitated by trained attorney/mediators and are scheduled for (1.5) hours and held via web video. Following the mediation conference the assigned attorney/mediator will file a Recommended Resolution which will be sent to both parties.  If the parties were able to reach an agreement during the mediation conference the assigned attorney/mediator will incorporate their agreement into the recommended resolution.  If the parties are unable to reach an agreement at the mediation conference the assigned attorney/mediator will provide recommended terms to resolve the dispute.  When the parties receive the recommended resolution, they have (30) days from receipt to either accept or reject the recommended resolution. If both sides accept the recommendation the terms it contains become legally binding, like an Order from a Court. If either party rejects the recommendation, it will be void, and the matter will be assigned to a Workers’ Compensation Judge for formal adjudication.

Parties should come prepared for the mediation conference and provide any statement or document at least (5) days beforehand to the Mediation Bureau.  Because parties come to work in good faith to resolve their dispute in recent years 75% of all Complaints are resolved at a mediation conference with an agreement by the parties.