What Is Mediation in an Alabama Workers Compensation or Disability Case?

What Is Mediation in an Alabama Workers Compensation or Disability Case?

If you have a workers’ compensation or other injury-related case in Alabama, you may hear that your case is being scheduled for mediation. For most injured workers, they have no idea what

What Is Mediation?

Mediation is a structured settlement conference where both sides attempt to resolve a dispute without going to trial.

It involves:

• you (the injured worker;
• your attorney;
• the insurance company and its attorney;
• and a neutral third party, called the mediator

The mediator does not take sides and does not make decisions. Their role is to:

Help both sides communicate,
Identify areas of agreement and disagreement and
and work toward a possible settlement.

Mediation is NOT like arbitration, where the parties present their case to a neutral third party, and that party renders a decision that is binding on the parties.  The mediator cannot decide the case; they do not make a decision and they cannot force a settlement.  Any resolution reached at mediation is voluntary.

If both sides agree, the case settles. If not, the case continues toward trial, and mediation may be attempted again in the future.

Is Mediation Required?

In many cases the court where your workers’ compensation lawsuit is filed orders mediation, or at least “encourages” mediation prior to trial.  Even when the court does not require mediation, it is something that generally occurs prior to a trial.

What Happens During Mediation?

Mediation is typically much less formal than a courtroom proceeding.  Most mediations involve:

• the parties being placed in separate rooms (or separate virtual sessions);
• the mediator going back and forth between the sides;
• discussions about the strengths and weaknesses of the case;
• settlement offers and counteroffers.

You will not be required to speak directly to the other side unless you choose to do so.

Why Mediation Is Important

Mediation gives both sides an opportunity to:

• resolve the case more quickly;
• avoid the time and expense of trial;
• the parties maintain some control the outcome instead of leaving it to a judge

It also allows for more flexibility in resolving issues such as:

• lump sum settlements (a trial judge cannot order that the defendant pay the injured employee a lump sum based on the present value of their claim);
• take steps to protect any Social Security Disability benefits from a setoff being taken from the Social Security Administration in serious injury claims;
• discuss the possibility of settling future medical benefits for money and
• resolving other disputed claims the parties might have.

The flexibility is very important.  We have settled claims in mediation where the parties came to mutual agreements to do things a judge is not empowered to do-such as paying the injured worker a lump sum amount of money.  We have settled claims at mediation where changes were made to the injured workers’ employment status so as to allow them to draw pension benefits-including health insurance the worker received from their employer.  We have settled retaliatory discharge claims at the same time as settling a workers’ compensation claim—the possibilities are open and the parties can agree to pretty much anything as long as the settlement falls within the requirements of Alabama’s workers’ compensation laws.

Should I Settle at Mediation?

That depends on the specific facts of your case.  Some cases resolve at mediation, while others do not.  The decision to settle should be based on:

• your medical condition
• the strength of your claim
• the value of the offer being made
• and your long-term needs

Ultimately, the decision whether to accept or reject any settlement offer is yours.

What Should I Expect?

Most mediations last several hours.  During that time:

• there may be periods of waiting
• offers may go back and forth
• the mediator may discuss risks with both sides and
• you and your attorney go over the Pros and Cons of the settlement offers and strength of your claim.

It is a process that often requires patience, but it can also lead to resolution that you have agreed to accept instead of having to go with whatever the judge decides.

Mediation is an important step in many Alabama workers’ compensation and injury cases. It is not a trial, and it is not a decision-making process—it is an opportunity to resolve your case through negotiation with the assistance of a neutral mediator.

Even if your case does not settle at mediation, it often helps both sides better understand the issues moving forward.

If you have suffered a job injury and you have questions about your rights and benefits under Alabama’s workers compensation laws -don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.

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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 7 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry and selected as a Lawyer of Distinction.

+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Centreville, Brent, West Blocton, Woodstock, Brierfield, Lakeview and towns and cities in between.

What Is Mediation in an Alabama Workers’ Compensation or Disability Case?