Workers' Compensation Commission Guidelines for Mediation effective July 1, 2015

MEMORANDUM NO. 2015-04

NOTE: This memo is superseded by Memo No. 2017-03.

I am pleased to announce a new program being initiated by the Workers' Compensation Commission providing mediation opportunities for possible settlement of contested cases. Enclosed you will find the guidelines governing this new program. As you will note, it will commence on July 1, 2015 and, as with all new programs, we will monitor to determine any adjustments that may be necessary, in order to achieve greater efficiency as the program progresses. Your input is welcome so as to accomplish this goal.

Workers' Compensation Commission
Guidelines for Mediation Services

Effective July 1, 2015

The Workers' Compensation Commission is pleased to announce a new program whereby parties in a litigated matter may request the services of a Commissioner to help mediate a resolution prior to trial. Certain Commissioners have agreed to serve in this capacity and therefore, mediation services would be limited to one of those Commissioners. The Guidelines and requirements to utilize this program are as follows:

1. Mediation services are available only with the agreement of BOTH parties.


2. A request for mediation services is to be made through the Chairman's Administrative Office at 21 Oak Street, Hartford, CT 06106. The parties are NOT to contact the Commissioners directly.


3. The parties are to request the name of the Commissioner that BOTH have agreed upon. However, because scheduling may be difficult, the parties are requested to also submit the name of an alternate Commissioner that would also be agreeable. The Commission will make every effort to assign the matter to the parties' first choice.


4. The Chairman's Administrative Office will contact the Commissioner(s) to determine availability and scheduling based on the Commissioners' work load.


5. The parties are to advise whether a half-day or full-day mediation session will be required.


6. Based on the timetable, to be determined by the Commissioner to whom the mediation is assigned, the parties shall submit information to include the following:


1. Identification of the issue(s) in dispute
2. Documents in support of the respective positions taken by each party*



7. At the time of the mediation, the claimant is expected to be in attendance (unless physically or geographically impractical to attend) and the respondent is required to have available someone who can be reached by telephone with authority to help achieve settlement.
   
   

The following Commissioners have agreed to be mediators:

• The Honorable Scott A. Barton
• The Honorable Randy L. Cohen
• The Honorable Daniel E. Dilzer
• The Honorable Christine L. Engel
• The Honorable Peter C. Mlynarczyk
• The Honorable Stephen M. Morelli
• The Honorable Nancy E. Salerno
• The Honorable Charles F. Senich
• The Honorable Michelle D. Truglia
• The Honorable Ernie R. Walker
  
  

* The Commissioner may request a preliminary meeting with the parties to discuss the exact materials he/she would require and establish the timeline upon which those materials are to be submitted.