What is mediation?
A mediation is a meeting where a neutral person, the mediator, helps the parties communicate to resolve their disputes.
Who is in the meeting?
The decision-makers and their representatives should attend the mediation. Everyone will probably be together some of the time, but the mediator will meet with each side separately as well.
What if I have a "smoking gun" that I want to keep from the other side for now?
Mediation is confidential. Any information disclosed to the mediator solely for the mediation, including a sub rosa or medical report, cannot be used by any of the participants later in the workers compensation case or any other non-criminal case. No one can subpoena the mediator to divulge that information.
Can the Mediator decide issues or enter orders?
No - the parties make the decisions.
Who pays for the mediation?
In a typical mediation involving only the Applicant and one Employer, the Employer pays the cost. If there are multiple parties or issues, such as a serious and willful claim, the parties decide how the cost will be divided.
The parties, not a judge, control the outcome. The issues to resolve can be as narrow as defining the injury or as broad as a comprehensive Compromise & Release. You can schedule your mediation for a time, date and duration of your choosing. No waiting for court calendars. No wasted WCAB appearances. No frustration with too little time to air the issues. Multiple claims with the same Applicant attorney and insurer can be scheduled for the same day. The mediator can help parties communicate, even hostile ones. Mediation is private. All communications in mediation are confidential. Mediation saves stress, time and money.