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Workers' Compensation: Settling by Mediation

by Sara Goldstein

posted in Legal : Personal Injury

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Mediation is an alternative and often effective way to settle disputes. It is possible for a Workers' Compensation process to be settled by mediation rather than a prolonged courtroom process. The goal is to have parties come to an agreement that is acceptable for both sides. A trained mediator is present during the negotiation process to assist both parties in reaching an agreement.

How does a claim go to mediation?

In an effort to settle disputes quickly, states will often automatically send claims to mediation. In most cases, once a Workers' Compensation claim is filed in North Carolina the court will try to handle it using mediation first. Once filed, an Order for Mediated Settlement is sent. Note that all parties must agree to try to settle by mediation before a meeting will be scheduled. It will not be used if everyone does not agree to mediation in both parties.

Who is the mediator?

Mediators are available through the court system but can also be chosen through other sources. The appointed mediator must have knowledge and experience in Workers' Compensation claims. Mediators can be an attorney, a professional mediator or another appointed third-party but they must have the experience or skill to help resolve the dispute professionally. The mediator may be requested by and mutually agreed upon or chosen by one party and accepted by both. Either party can reject a mediator choice but if parties cannot reach mutual agreement, a commission approved mediator will be appointed.

Benefits of Using Mediation:

Mediation is a legally regulated process designed to help all parties reach mutual agreement. It is a professional process subject to legal regulations. Resolving disputes this way has great benefit when used properly and serves as an effective alternative to litigation in Workers' Compensation claims. Making use of mediation can save time and expense on when a Workers' Compensation claim is filed in North Carolina. Some benefits include:

All parties must agree to mediation Reaching an agreement can take as little as a few hours Mediators are skilled an experienced in dispute resolution and Workers' Compensation claims All mediators adhere to the Standards of Professional Conduct for Mediators so your claim will be handled professionally Mediation can save time and expense

To learn more about the use of mediation in North Carolina, please visit the website of Workers' Compensation attorneys White & Stradley LLP for more information.

About the Author:

To learn more about the use of mediation in North Carolina, please visit the website of Workers' Compensation attorneys White & Stradley LLP for more information.

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