Hall Mediation Services

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What’s New

On November 9, 2006, the Governor signed into law Act 147 of 2006 requiring mandatory mediation in all workers compensation cases.  The backers of the new law tout this reform as a means to avoid costly litigation.  The new law requires all workers compensation judges to schedule a mediation to be conducted by that judge or another workers compensation judge, unless the judge determines that  mediation would be futile.   Persons with settlement authority must be available to the mediating judge. 

 The new law mandates that every case be considered for mediation and that the litigated case be the exception to normal claims administration.  This is a significant departure from the traditional manner in which  workers compensation claims have been  administered  in Pennsylvania.

A new age is dawning in the administration of workers compensation claims for those bold enough to grasp it.  The new Act has mandated a change in the thought processes for those who administer workers compensation claims.  Now early on in the process, the administrator must begin thinking about a possible resolution of the claim in order to be prepared to mediate when directed to do so by the Judge.  This change in the manner in which claims are administered if properly done has the potential for significantly reducing litigation costs for the entire system by saving only those cases that cannot be mediated for litigation.  The reduced cost of administering the system is a benefit to workers and employers alike.  The more rapid processing of claims is likewise a benefit to both the worker and employer.

At Hall Mediation, we believe that to fully reap the benefit of this legislative change the parties cannot solely rely on the State’s adjudication system.  Those cases that the parties believe should be settled but may be more difficult to settle will best be settled through private mediation.  We at Hall Mediation stand ready to assist you in meeting the challenges presented by the new law.

Mandatory Mediation in All Workers Compensation Cases

Date: 12/11/06