Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-5-1 - GENERAL PROVISIONS › Section 480-5-1-.08 - Policies And Procedures For Mediation Of Workers' Compensation Disputes By An Ombudsmen

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Agreement of Parties - Mediation is a process where the parties to a dispute,
			 with the help of an impartial third party (the "mediator"), attempt to work out
			 a mutually satisfactory settlement of the dispute. Mediation is a process
			 whereby either party may terminate the mediation at any time. Neither the
			 Department of Industrial Relations (DIR) nor any mediator has the power of
			 authority to force the parties to mediate or to accept an agreement or
			 settlement.
(2) Initiating the
			 Mediation Process - To begin the mediation process, either party should contact
			 the DIR. When all parties have acknowledged a willingness to mediate, they will
			 then enter into an Agreement to Mediate, and an Ombudsmen shall inform all
			 parties of their rights and responsibilities under the Workers' Compensation
			 Act of Alabama.
(3) Appointment of
			 a Mediator - Following an agreement of the parties to mediate, DIR will select
			 a mediator from its ombudsmen. No Person shall serve as a mediator in any
			 dispute in which that person has any financial or personal interest in the
			 result of the mediation. Prior to accepting an appointment, the prospective
			 mediator shall disclose any circumstances likely to create a presumption of
			 bias or interest in the outcome of the proceedings, or prevent a prompt meeting
			 with the parties. The fact that the selected mediator may already have some
			 familiarity with the case through work as an ombudsmen shall not disqualify the
			 ombudsmen as a mediator unless either party objects to such mediator. In the
			 event that a mediator is objected to, the DIR will select a new mediator from
			 its ombudsmen. If a mediator is not able to continue the mediation process once
			 started, the DIR will select another mediator from its ombudsmen.
(4) Scheduling - Upon appointment, the
			 mediator will work with the parties to establish the time and location of a
			 mediation session. Additional mediation sessions may be scheduled as agreed by
			 the parties and the mediator.
(5)
			 Conduct of Mediation Sessions - Prior to the first scheduled session the
			 mediator may require the parties to provide the mediator with a brief
			 memorandum setting forth the party's position with regard to the issues that
			 need to be resolved. At the direction of the mediator, the memorandum may be
			 exchanged by the parties.
(a) At the first
			 session, the parties shall produce all information reasonably required for the
			 mediator to understand the issues presented. The mediator may require either
			 party to supplement this information.
(b) At the mediation session(s), the mediator
			 will conduct an orderly settlement negotiation. Parties shall be represented by
			 a person with authority to settle the case. The mediator will be impartial in
			 such proceedings and has no authority to force the parties to agree to a
			 settlement. The mediator may conduct separate meetings (caucus) with each party
			 in order to improve the mediator's understanding of the respective positions of
			 each party or to move the mediation process forward. The mediator shall not
			 disclose to the adverse party confidential information provided by a party
			 unless that party authorizes the disclosure.