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Workers' Compensation Judges' Mediation Procedures

Bruce K. Doman

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Office: Allentown District: Eastern

  1. Please list the offices at which you will mediate a claim.

  2. Are you willing to mediate claims that are assigned to you for hearing and decision?

  3. Are you willing to mediate claims in which one or both parties are not represented by counsel?

  4. Do you require the parties to execute an agreement to mediate? If so, please describe briefly the matters addressed by the agreement.

  5. How much time do you typically allow for a mediation session?
    Three to eight hours.

  6. Do you require the parties to submit a pre-mediation memorandum? If so:
    • What information must be contained in the memorandum?
      Strengths and weakness of your case and your opponent's case, settlement discussions to date, and settlement authority.

    • What documents, if any, must accompany the memorandum?

    • How far in advance of the mediation must the parties submit the memorandum and accompanying documents?
      48 hours.

  7. Do you conduct a pre-mediation conference? If so, please describe what takes place at that conference.

  8. Do you require all participants (claimant, adjustor/employer representative, counsel) to attend the mediation personally? Under what circumstances do you permit a participant to attend by telephone?
    The claimant must be present. All others may attend, but must be available by telephone.

  9. Once you receive a mediation request, what is the usual amount of time elapsed until the mediation takes place?
    1 to 4 weeks.

  10. Describe generally how you conduct a mediation session.
    • Describe each step of the process.
      It varies depending upon the circumstances of the case.

    • Indicate whether you use a facilitative (i.e., helping the parties to communicate and generate their own solutions), evaluative (i.e., discussing the strengths and weaknesses of each party's case and/or offering an opinion as to the settlement value), or mixed approach.
      It varies depending upon the circumstances of the case.

  11. Are you willing to conduct more than one session per claim?
    Yes, if necessary.

  12. Is there anything else the parties should know or do in advance of the mediation?