Preparing for a Successful Workers’ Compensation Mediation

All parties should submit a confidential mediation statement in advance to serve as the framework for reaching a favorable settlement with all parties. We recommend that the confidential mediation statement include, details of the claims and recovery the person is seeking. This is the starting point for settlement negotiation.

This should include:

  • Calculations for the employee’s average weekly wage
  • Current medical benefits
  • Days of lost wages
  • Pain level
  • Estimated length rehabilitation
  • All parties should consider the strengths and weaknesses of defenses such as causation issues, and the required medical care.

Expectations regarding a reasonable settlement range:

  • The goal of a worker’s compensation meditation case is to find common ground.
  • Compromise should be the defense interests and the injured employee.
  • Attorneys and settlement consultants need to evaluate their case with an open mind to allow the mediator to work with all sides in reaching an agreement that is a win-win for all parties.

The status of any prior negotiations, offers, and demands:

  • Were there previous agreements between the parties?  If yes, what was communicated?
  • Settlement demand.
  • Information should be communicated by the employee or their attorney to the employer/insurer before our mediation takes place.

Be honest about your case including its strengths and weaknesses:

  • All parties need to be honest about the settlement and realistic with expectations.
  • If the goal is to just be demanding without being willing to negotiate this will be unproductive and will delay settlement.

All parties must consider workers’ compensation mediation as a tool to resolve cases and allow all parties a win-win situation and for the injured worker to move on with their life by resolving disputes promptly.