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Workers' Compensation Judges' Mediation Procedures

Joseph Hagan

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Office: Philadelphia - Arch Street Office District: Southeastern

  1. Please list the offices at which you will mediate a claim.
    Philadelphia (Arch Street).

  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?
    One hour.

  6. Do you require the parties to submit a pre-mediation memorandum? If so:
    No memorandum is required.

  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?
    All participants should appear in person or by counsel. Claimant and adjuster should be available by telephone, whenever it is thought desirable by the attorneys.

  9. Once you receive a mediation request, what is the usual amount of time elapsed until the mediation takes place?
    Mediation can be set up as soon as space is available and a date and time is agreed upon.

  10. Describe generally how you conduct a mediation session.
    • Describe each step of the process.

      1. Discuss the background of the case and positions of the parties.

      2. Hold a private conference with one side, followed by a conference with other side.

      3. Hold a final joint discussion with my recommendation and a direction for the future.

  11. 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.
    I use a mixed approach.

  12. Are you willing to conduct more than one session per claim?
    Yes, but I do not prefer to do so. If several mediations are needed, then the parties might as well continue to litigate.

  13. Is there anything else the parties should know or do in advance of the mediation?
    Be candid and know what the clients' real positions are.