What do I need to prepare for a workers’ compensation mediation?

by Karl Voigt, Esquire

Our workers’ compensation clients often ask us if they need to do anything prior to their mediation takes place. Since 2007, mediation has been mandatory in all workers’ compensation cases except where the judge finds that it would be futile to attempt to settle a case. As a result, almost all workers’ compensation cases that go to court will wind up at a mediation conference. More basic information about workers’ compensation mediations can be found at :

https://blog.princelaw.com/2008/8/22/what-is-a-mediation

The mediation conference might be the most important event in your case. Naturally, your attorney will be prepared to conduct the mediation. There are, nevertheless, things you can do to be prepared as well:

First and foremost, there will be a good chance that you have discussed dollar figures with your counsel. You should, by the time of the mediation, have established your dollar goal.

A mediation is by no means a test of your memory, but you should be prepared to answer any questions about the facts in your case, particularly about your present symptoms and how they effect your daily activities. Your attorney can certainly help you with specifics like dates.

Be prepared to discuss your medical care, including medical care that has been proposed by your doctors but not yet performed.

Be prepared to discuss other benefits you receive, like Social Security Disability or Medicare.

If there are any unpaid medical bills in your case, make sure your attorney has an accounting of them.

Be prepared to walk away from the bargaining table! There is no requirement that you settle your case at the mediation. Sometimes, it is better to leave. You can almost always resume talks later on in the case.

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1 Comment

Filed under Workers' Compensation

One response to “What do I need to prepare for a workers’ compensation mediation?

  1. It’s a good point that you should be prepared to leave the bargaining table. For one thing the whole essence of the mediation forum is to allow parties a chance to compromise without being forced into anything that they are not willing to agree to. Additionally, sometimes by taking a break from negotiations both sides are more able to calmly consider the option of compromise.

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