The Mediation Journey

  • Settling a workers’ compensation case is not about you. It is about the value of a contract and who will accept the risks of settling or not settling.

  • Mediation is a journey. Be patient and do not get emotionally distracted by the demands and counteroffers made during the process. Those positions are not where the case will settle. You need to make a clearheaded business decision about the value of the case and the risks of litigation.



The Attorney’s Role

  • A workers’ compensation mediation is a new experience for most people. Listen to your attorney.

  • Be honest with your attorney.

  • The mediation is an informal process and your mediator is not a judge deciding who wins.


The Mediator’s Role

  • Your mediator is an attorney, but does not represent anyone involved and will not give legal advice or advocate a position.

  • Your mediator’s conversations with you and your attorney are confidential.

  • Your mediator cannot be called to testify as a witness about the mediation or any confidential information.

  • Your mediator helps the parties create their settlement of their case.

  • Your mediator will not favor any side of the case. When your mediator “pushes” it does not mean anything other than the job is being done to move the case toward your settlement. Your mediator pushes all sides by sharing the
    non-confidential information and positions being expressed by each side.

  • If the case reaches a point where an evaluation of the case must be done by your mediator to be considered by the parties it will only be done with the permission of all of the parties.