As is the case with all other courts, the hearing calendars of the Administrative Law Judges were overloaded and backlogged. Mediation of certain issues would not only help the parties resolve the issues between themselves, it would also lessen the load on the judges. Over the past few years, the response to mediation has been overwhelming. Additionally, all of the Administrative Law Judges at the Board are trained mediators, as well as other staff from outside the Legal Division.
Mediation is an alternative way to resolve disputes without the necessity of a hearing.
The success of mediation often turns on whether the parties are prepared to mediate. Preparation for the mediation conference involves gathering documents such as medical records, narrative reports, wage information, rehabilitation reports, deposition testimony, etc. Although mediation is not a formal hearing and thus, it is not necessary to introduce documentary evidence, documentary evidence can be provided at a mediation as a tool to support your contentions and as an aid to convincing the other side to accept your position on a particular issue. The goal of mediation is to reach a resolution that meets the needs of and addresses the interests of all parties. Consequently, the preparation work done by adjusters and legal counsel can directly lead to the ultimate resolution of the claim.