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MEDIATION

An alternative dispute resolution method mentioned in the carve-out statutes in the Labor Code (§3201.5 and LC §3201.7) mediation is also used to resolve disputes in cases filed with the Workers' Compensation Appeals Board.

"Mediation is a negotiating session between litigants and their representatives conducted with the assistance of a neutral facilitator—the mediator—for the purpose of achieving resolution of the dispute. It is typically voluntary, and all negotiations are confidential. Mediation allows the parties to participate in how their case will be resolved, while litigation involves turning the decision making process over to another....Mediation differs from arbitration primarily in that the mediator does not decide the case as would an arbitrator."

See, too, Arbitration.

Label Item Links Comments
Labor Code Construction industry LC §3201.5   
  All other industries (including The State of California). LC §3201.7  
Regulations/Rules Collective Bargaining Agreements Under Labor Code Sections 3201.5 and 3201.7 8 CCR  
Websites    
Practice Tips    
Magazine Articles Is Trial Always Your Best Option? When to Consider Mediation by Steven Siemers, Ret. WCJ Mediation option
 
  Structured Settlements and
Mediation by Steve Chapman
Structured Settlements & Mediation See, too, Structured Settlement
Articles Using ADR to Resolve Worker’s Compensation Claims by Jeffrey Schieberl, J.D. ADR to resolve WC claims
Roundtable    
Miscellaneous      

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