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Mediation
is a voluntary and confidential informal dispute resolution
process where a neutral third party (mediator) facilitates
communication to assist the parties in negotiating an agreeable
solution.
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The
purpose of mediation is to identify issues, clarify misunderstandings,
explore solutions and negotiate agreement.
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Any
party to a claim may request mediation to resolve a dispute
quickly or to negotiate the compromise settlement of a claim.
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Representation
by counsel is required for claimants who wish to mediate
a compromise settlement of their claim.
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Mediation
can be requested at any time and most issues can be mediated
if all parties are agreeable.
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Request
for mediation of compromise settlement must be submitted
in writing to the Mediation's Office in the Richmond central
office with copies to all parties.
The
request for mediation of compromise settlement must stipulate
that all parties are in agreement and plan to come prepared
to
negotiate, which includes settlement authority. |
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Mediation
is voluntary. Successful mediation depends on the parties’
willingness to negotiate in good faith towards a viable solution.
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If
this matter is set for hearing prior to the scheduled mediation,
the parties must contact the Deputy Commissioner to request
a continuance. Continuances are granted at the discretion
of the Deputy Commissioner. |
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Mediations
can be conducted via conference call or in person. You can
review the Mediation Docketing Calendar to see when a mediator
is scheduled in your area.
Mediation
Docketing Calendar:
January through June of 2010
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In
addition, mediations are scheduled in the Richmond central
office depending on the availability of Commission mediators. |
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Parties
retain their right to a hearing before the Commission if a
dispute is not resolved through mediation.
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The
mediator may provide information about the process, raise
issues and help explore options, but the primary role of the
mediator is to facilitate a voluntary resolution by the parties.
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The
mediators are employees of the Virginia Workers’ Compensation
Commission who are familiar with Workers’ Compensation
law and trained in the mediation process pursuant to guidelines
promulgated by the Supreme Court of Virginia.
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All
facilitation services, including mediation, are free and provide
parties opportunity to resolve disputes or claims quickly,
informally and confidentially.
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Mediation
can be requested in writing or by calling toll-free on 1-877-664-2566
or 804-205-3139 the Mediation office. |
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