What Is Workers’ Comp Mediation in South Carolina?
Are you struggling to resolve your workers’ compensation claim and wondering whether mediation is the right choice? At Stewart Law Offices, our lawyers have extensive experience handling workers’ compensation claims through mediation. We understand the challenges you face and can help you pursue a favorable outcome for your case. Contact us today for a free consultation. Let us handle your claim and work toward a resolution that meets your needs.
The Purpose of Workers’ Compensation Mediation
Workers’ compensation mediation is meant to resolve disputes between employees and employers regarding workers’ compensation claims. This process provides a structured environment where relevant parties can discuss and negotiate the terms of a settlement with a neutral mediator’s help. The main goal is to achieve a fair resolution without a formal hearing, which can be time-consuming and costly. Mediation allows both sides to express their views, work together to understand each other’s positions, and ultimately achieve a mutually acceptable solution through a mediated settlement agreement.
The Mediation Process
The process of workers’ compensation mediation involves several key steps. First, the parties typically select a mediator, who is a neutral party trained to handle dispute resolution. Mediation is an informal process that allows everyone involved to feel more comfortable and open to dialogue. During a mediation conference, each party presents their legal arguments and evidence or statements that support their claims or concerns. During the mediated settlement conference, the mediator listens to both sides, facilitates discussion, helps identify common ground, and guides the parties toward a potential settlement agreement by clarifying issues and exploring possible solutions.
South Carolina Mediation Process and Deadlines
Here’s a straightforward overview of how mediation works in a South Carolina workers’ comp case:
- When Mediation Is Necessary in South Carolina: Certain cases, such as those involving permanent and total disability, occupational diseases, or contested death claims, must undergo mediation before they can proceed to a hearing. Additionally, a Commissioner from the South Carolina Workers’ Compensation Commission (SCWCC) can order mediation for any pending workers’ compensation case and choose a mediator if they believe it is necessary.
- Requests for Mediation: Parties can initiate mediation themselves by submitting specific forms indicating a request for mediation in a timely manner. If either party does not agree to the mediation, the case will proceed on the normal hearing schedule before a workers’ comp judge unless the SCWCC orders otherwise.
- Choosing a Mediator: The parties can agree on any certified mediator. After filing the relevant forms, they have ten days to select a mediator and propose a mediation date. If they cannot agree on a mediator, the SCWCC will appoint one for them.
- Conducting the Mediation: Parties must complete mediation within 60 days of filing the relevant forms. Each party must have a representative with the authority to negotiate present at the mediation, either in person or by phone. Parties typically share the cost of mediation equally unless they mutually decide otherwise or the SCWCC orders differently. Parties must also participate in the mediation process in good faith. Failure to do so can result in fines up to the actual cost of the mediation.
- Confidentiality and Legal Protections: All discussions during mediation are confidential and not admissible as evidence in any legal proceedings. Mediators and any third-party observers cannot be compelled to testify about the mediation in any proceedings.
Benefits of Mediation
Mediation offers several benefits over traditional court proceedings. It is generally faster, allowing parties to resolve their disputes more quickly than waiting for a court date and participating in a full hearing. Mediation is also less expensive than going to court, as it reduces legal fees and other associated costs. Additionally, because mediation is confidential, it maintains privacy for both parties, which can be particularly important in sensitive employment matters. Most importantly, mediation gives the parties more control, letting them negotiate terms directly and decide on the outcome themselves rather than having a workers’ comp judge impose their own decision. An experienced lawyer can review your case and explain whether it is appropriate for mediation.
Settlement Options
Parties have several settlement options when they reach an agreement through mediation. They might agree on a lump-sum settlement, which is a one-time payment that includes all compensation due. Alternatively, they might arrange for a structured settlement, providing the injured employee with steady payments over a period of time. Once both parties agree on the terms, they finalize the mediated settlement by signing a settlement agreement and submitting it for approval. This agreement is legally binding, meaning the parties must adhere to its terms once they sign it.
Contact Our Experienced Workers’ Compensation Attorneys for Help with Your Mediation
Would you like to discuss the possibility of mediation for your workers’ comp claim with an experienced South Carolina workers’ comp lawyer? Contact Stewart Law Offices today for a free initial consultation. Our team is here to listen to your story, provide the guidance you need, and work toward a fair settlement for your case.