Mediation In Workers’ Compensation
This question is answered by Christopher Rosengren, of Rosengren Kohlmeyer, Law Office Chartered, in Mankato Minnesota.
So… what is mediation? What role does mediation play in workers’ compensation cases? Why is mediation typically used in workers’ compensation cases?
The first thing that needs to happen is for both parties to agree to mediation. Mediation happens willingly, and for obvious reasons. These two parties are typically the injured worker and the employer/employer’s insurance provider.
The most common reason for mediation to occur is due to disagreements in the case, a common example being one party believing that the injured worker has achieved maximum medical improvement, while the injured party finds differently (this can include the injured parties primary medical physician).
A mediator is a neutral party that comes in at expense to examine the case, all contentions and disagreements, and follow by meeting with the parties involved at a specific location, oftentimes a law office.
Parties are then separated into different rooms and mediation begins with the mediator bouncing from one room to the other, oftentimes with dramatically reduced or inflated values depending on the strategies employed by the attorneys involved.
This process continues until either party agrees to another party’s demand or until either party leaves/cancels the mediation. It can sometimes be a very long process, but most meditations last less than a day which is better for all of the parties involved, since mediators charge by the hour.