What Is Workers’ Comp Mediation in North 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.

North Carolina Mediation Process and Deadlines

Here’s how the mediation process works under North Carolina workers’ compensation law:

  • Initiating Mediation by Agreement: Parties can choose to participate in mediation by mutual agreement. They do not need a formal order from the North Carolina Industrial Commission (NCIC) but must report all mediation results to the NCIC.
  • Initiating Mediation by Commission Order: The NCIC will automatically order mediation if either party files a Form 33 Request for Hearing. If the NCIC orders mediation, the parties must complete mediation within 120 days of the mediation order.
  • Selecting a Mediator: Parties can choose a certified mediator within 55 days of filing a Form 33 or 21 days after a Commission-ordered mediation. If the parties do not select a mediator themselves, the NCIC will appoint one.
  • Conducting the Mediation: The mediation must take place before any scheduled hearing. Parties must exchange essential documents and complete any necessary discovery before mediation. Mediation conferences generally occur in the county where the case is pending unless the parties agree on a different location. All key parties, including the injured worker, the employer, and a representative of the employer’s insurance company, must attend the mediation. Additionally, each party must typically pay an equal share of the cost of mediation unless they agree otherwise. A workers’ compensation attorney can represent the injured worker during mediation. A workers’ compensation lawyer can evaluate any settlement offers and explain the legal effects if the injured worker chooses to settle.
  • Completing the Mediation: In the event of a successful mediation in which the parties reach a settlement, they must put it in writing. Each party must sign the agreement along with their attorneys. Parties must file signed agreements with the NCIC within 20 days of the mediation’s conclusion.
  • If Mediation Is Not Successful: If the parties cannot reach an agreement, they may proceed to a hearing. The mediation itself and any discussions during it are confidential and not admissible in subsequent legal proceedings. A workers’ compensation judge would hear the case and decide in which party’s favor to rule.

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 North 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.