If you are injured on the job and have filed a workers compensation claim, you may find yourself required to attend mediation. This does not mean your claim has been denied; it simply means that evidence needs to be provided to prove the validity of your claim. It also means that a neutral, third party will help both sides come to an agreeable settlement.
What is Mediation
Mediation is a formal process that assists both parties in reaching an agreement before the case proceeds to a hearing. The meeting will take place with you, your employer, and a mediator.
Why is Mediation Required?
Certain cases are required to be sent to mediation. If you choose not to be represented by an attorney, only the Commissioner can require that you attend a mediation hearing. If you are represented by an attorney, your attorney may advise that mediation is in your best interest.
What Happens if Mediation Doesn’t Work?
If the mediation does not work, your case will be heard in front of a Commissioner.
What will Happen at Mediation?
You can expect the official mediator to go over the facts of your case in front of both you and your employer. You will both be permitted to speak, and the mediator will suggest how you can both resolve the issues at hand.
What is a Mediator?
A mediator is not a judge or a magistrate. It is a person who has been appointed by the South Carolina Bar. This neutral party does not take sides. Instead, it is the job of the mediator to assist both parties in reaching an agreement.
Is there a List of Mediators?
You can find a list of certified mediators on the South Carolina Workers’ Compensation Education Association site.
Is Mediation on Record?
Everything that is said during mediation is confidential. No information will be presented to the Commissioner unless the mediation is unsuccessful.
Do I Need an Attorney?
You are not required to have an attorney present, but it is your right and highly suggested. There will be an attorney present who is representing your employer.
Who Pays for Mediation?
The cost of mediation is split between both parties.
If you need help filing a workers compensation claim or during mediation, please reach out to us today. Our experienced lawyers will work hard for you to ensure you receive a settlement that is fair. Call today for an initial consultation.
