This is one of the official workers' compensation forms for the state of Viriginia.
This is one of the official workers' compensation forms for the state of Viriginia.
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A mediation or settlement conference is an informal negotiation processyou will not testify under oath or present witnesses. Instead, you and the insurance company will discuss the claim and make settlement offers with the help of a trained, neutral third party (the mediator).
Yes, you should always respond to the mediator or the mediation service who contacts you. The mediator will always be neutral and it does not matter who has been seen by them first. The mediator will usually want to see each of you on your own before any joint mediation sessions can take place.
You don't have to go to mediation, but if you end up having to go to court to sort out your differences, you normally need to prove you've been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you.
Know the Medical and Legal Issues. To start, you should put together a file containing all of the evidence in your workers' comp claim, including copies of your medical records. Calculate Your Unpaid Benefits. Arrive on Time. Be Polite and Professional. Dress Neatly.
A party who refuses to accept an invitation to mediate, without very good reason, does so at considerable risk and can expect sharp criticism and a costs penalty from the court, regardless of the eventual outcome of the case at trial.
Virginia Workers' Compensation Benefits Limits. For most workers' compensation cases, there is an overall limit of 500 weeks on how long you can receive benefits. There are exceptions to this limit in the case of some especially severe injuries such as spinal cord injuries, brain injuries, or the loss of multiple limbs
Often, the mediator is paid by the hour. Some mediations take about an hour; others can go several hours or longer, depending on how willing the two parties are to compromise.
If you don't respond or decline mediation without a good reason, you will usually have to explain why you declined mediation to the judge, if your case subsequently goes to court.
Are there times you should say No in mediation? Absolutely. The difficulty for most practitioners is that they say No to mediation, rather than saying No to a specific proposal made during a mediation.