The purpose of mediation is to resolve cases between employers and employees in an informal setting. Intervention of a mediator in a claim before it becomes a formal dispute could resolve claims short of costly litigation. These individuals are available to answer questions and try to assist workers, employers, insurance carriers, and health care providers in resolving problems without the necessity of going through the formal litigation process.

Mediation conferences are held by two methods: in person or by teleconference. Conferences held by mediators:

• Statutory Mediation.  Section 223 of the statute provides for mediation in specific cases being disputed. They are: all applications for hearing filed by an injured employee without an attorney, all medical only disputes, all closed periods of disability being alleged and any other disputes that the bureau believes would be assisted by mediation. In 2003 the bureau mediators resolved 1,628 claims (50%) and transferred 1,635 claims to the assigned magistrate for a formal hearing (50%).
• Vocational Rehabilitation Director Hearings.  Disputes concerning vocational rehabilitation are referred first to mediators as the director’s representative.  The goal of the mediator in a vocational rehabilitation hearing is to attempt to facilitate a voluntary agreement between the parties as to the most appropriate course of vocational rehabilitation for the injured worker.  In 2003, 278 applications for hearing on vocational rehabilitation issues were set before the mediators.  Mediators wrote orders or memorandums on 42 vocational rehabilitation cases and resolved 81 to magistrates for redemption.
• Magistrate Referral Mediation. These are cases on the magistrates’ dockets that they believe mediation would be helpful in resolving the disputed claim. If the matter is not resolved before the mediator, then the claim goes back before the assigned magistrate for a hearing and decision.