Mediation is a voluntary and confidential informal dispute resolution process where a neutral third party (mediator) facilitates communication to assist the parties in mediating an agreeable solution.
The purpose of mediation is to identify issues, clarify misunderstandings, explore solutions and mediate an agreement.
Any party to a claim may request mediation to resolve a dispute quickly or to negotiate the compromise settlement of a claim.
Representation by counsel is required for claimants who wish to mediate a compromise settlement of their claim.
Mediation can be requested at any time and most issues can be mediated if all parties are agreeable.
Request for mediation of compromise settlement must be submitted in writing to the Mediation Scheduler in the Richmond central office with copies to all parties.
The request for mediation of compromise settlement must stipulate that all parties are in agreement and plan to come prepared to mediate, which includes settlement authority.
Mediation is voluntary. Successful mediation depends on the parties' willingness to mediate in good faith towards a viable solution.
If this matter is set for hearing prior to the scheduled mediation, the parties must contact the Deputy Commissioner with whom the hearing is scheduled to request a continuance. Continuances are granted at the discretion of the Deputy Commissioner.
Mediations are generally scheduled for two hours. If you anticipate that your mediation will take in excess of two hours, please notify the mediation coordinator at the time the mediation is scheduled.
Parties retain their right to a hearing before the Commission if a dispute is not resolved through mediation.
The mediator may provide information about the process, raise issues and help explore options, but the primary role of the mediator is to facilitate a voluntary resolution by the parties.
The mediators are employees of the Virginia Workers' Compensation Commission who are familiar with Workers' Compensation law and trained in the mediation process pursuant to guidelines promulgated by the Supreme Court of Virginia.
All facilitation services, including mediation, are free and provide parties the opportunity to resolve disputes or claims quickly, informally and confidentially.
Mediation can be requested in writing, by calling the Mediation Scheduler toll-free at 1-877-664-2566, or by Fax at 1-804-823-6904.
The Commission does not provide interpreters for mediation. Parties may provide interpreters for mediation at their expense.
