Mediation is a voluntary, informal meeting between all sides to reach agreement on a fair settlement to the dispute. The Idaho Industrial Commission offers a mediation process for people involved in a workers’ compensation claim dispute.
To schedule a mediation session, complete a Mediation Request Form. The session can be scheduled on the first mutually available date. Mediation sessions are held throughout the state, usually at the nearest Industrial Commission field office.
Each mediation is conducted by a neutral Industrial Commission mediator who has experience in resolving disputes. The mediator oversees the meeting but does not give advice to the participants.
The mediation process frequently results in an immediate solution. However, if the participants are unable to reach agreement through mediation, they may pursue other means to resolve the claim.
The participants of a mediation session typically include representatives for the employee and insurer. You are not required to be represented by an attorney to participate in mediation.
The Industrial Commission does not charge participants for a mediation session. The mediator’s expenses, such as salary and transportation costs, are paid for by the Commission.
A mediation session can occur anytime after the workers’ compensation Notice of Injury and Claim for Benefits Form (IC Form 1) is filed with the Industrial Commission. A mediation session can occur only when ALL parties agree to mediate the dispute.
During the meeting, participants discuss suggested settlements to the workers’ compensation claim dispute. The mediator will provide information to all participants but will not give advice. The offers of settlement may be accepted or rejected by the other party, or a counter-offer may be made. If an agreement is reached, it will be put into writing and signed by the parties. If no agreement is reached, either party may pursue other methods for resolving the claim.