Ms. Whiteside explained that the Division only handles lost time cases, not medical cases. She emphasized that only 10 percent of the cases are litigated, the majority go through the system undisputed. Ms. Whiteside commented about the use of mediation in resolving workers compensation disputes. The Division employs 2.5 mediators. In 1998, mediation resolved 91percent of cases they handled.
Mediation is used to help the involved parties clarify the facts and understand the disagreements.
The mediator's job is to help each party understand the problems of the case and to make sure agreements are clear and workable . Ms. Whiteside continued with the presentation by explaining prehearing and settlement conferences. Prehearing conferences are held to resolve disputes about legal procedures, and to resolve or narrow disputed issues by agreement. Settlement conferences are held when the parties at a prehearing conference decide to try and resolve all issues in a claim by agreement. The DOAH is cash funded and charges departments for use of its services to resolve complaints.