Who must attend mediation?
The injured worker must participate in the mediation, unless the dispute is between the medical provider and the employer. The insurance company needs to have someone who has the authority to settle the claim, and that usually means the insurance adjuster. Usually the adjuster will attend the mediation via speakerphone and the defense attorney will appear in person.
Injured workers and all representatives are not required to reach an agreement but they must negotiate in good faith. When an agreement cannot be reached, if the matter is contested, it will typically be placed on the docket for hearing.
How comfortable should I be about speaking during the mediation?
“Mediation is a confidential process. This means that the information that is shared during the mediation cannot be used by any of the participants in any subsequent court proceedings.” The mediator cannot be forced to appear at a later hearing to testify about what was said. The only information the Deputy Commissioner will have is that a mediation did take place, who was present and whether any agreements were reached. Mediations are not recorded or transcribed.
We have specific things that we counsel our clients to avoid saying. In fact, depending on the client, we usually advise that the client remain silent except insofar as a discussion with the attorney. There are exceptions to this rule.
We find that some clients, after all they have been through, feel the need to ‘get things off their chest’ during the private session portion of the mediation. In addition, some mediators are very good at utilizing client’s feelings to help get the case settled. This also provides a better measure of ‘closure’ for the client and is more emotionally satisfying. Even though it’s really about money, it is not always ONLY about the money.
Who will be my mediator?
“Commission mediators are all trained Commission staff who have been certified to mediate by the Supreme Court of Virginia.” A Deputy Commissioner (DC) will usually mediate your case. “These Deputy Commissioners are certified mediators with experience in workers’ compensation law. If a DC mediates your case, the same DC will be prohibited from hearing your case if the case ends up in court. This restriction is necessary to preserve the mediator’s neutrality in the process.”
Is the Employer Requesting a Mediation/ADR in Your Case? Contact a Lawyer Who Knows Virginia Mediation
Joe Miller has helped thousands of clients get the workers compensation benefits they deserve. He has participated in hundreds of mediations and is an expert at negotiating claims. He’ll make sure all proper claims are made and help you negotiate an excellent settlement with the workers compensation insurance company. Of course, if this is not possible, a hearing may be necessary. Call attorney Joe Miller at 888-694-1671 and ask for Joe Miller, or email jmiller@joemillerinjurylaw.com
