Workers’ Comp Mediation: Mandatory Mediation vs Voluntary Mediation

Picture of By Joshua B. Goldberg
By Joshua B. Goldberg

Workers' Compensation & Personal Injury Attorney

Image: Workers' Comp Mediation blog post
Table of Contents

Two kinds of Workers’ Comp Mediation

As a part of the Pennsylvania Workers’ Compensation system, there is the opportunity to attend a Mediation.

Mediation takes two forms in this context. One option is Mandatory Mediation, and the other is Voluntary Mediation.

A Mediation is common when dealing with Pennsylvania Workers’ Compensation settlements, you can read more about settlements in our blog post on the topic, Here

If you would like to contact us with question about your workers’ compensation case, or specific questions about workers’ comp mediation, please use the buttons below to give us a call or fill out our contact form and schedule your FREE consultation!

Mandatory Mediation

A Mandatory Mediation is scheduled by the judge presiding over your case in the course and scope of your litigation. The purpose of the Mediation is to determine whether particular issues can be resolved and/or if the case as a whole can be resolved.

Mediations are typically assigned to a Judge who is not actually presiding over your case. That Judge will then take time with the parties to try and resolve the case during the Mediation. Any information that is obtained in the course of the Mediation is confidential and will not be shared with your presiding Judge.

As such, it is an opportunity to have a real and frank discussion about the potential pitfalls of your case, strengths of your case and/or weaknesses of your case. Depending on the Judge, most Mandatory Mediations are scheduled for somewhere between 30 and 60 minutes. Most Judges will allow additional time if necessary.

While the name suggests that a Mandatory Mediation is, just that, mandatory, it truly is not. If either party indicates to the presiding Judge that Mediation is futile, a Mandatory Mediation will not be scheduled.  If the case is settled at a Mandatory Mediation, your case will then be scheduled for a Compromise and Release Hearing.

Voluntary Mediation

A Voluntary Mediation occurs in a circumstance where the parties require additional mediation time, the case is not in litigation, or the parties have elected to seek their own mediating Judge.

A Voluntary Mediation is conducted the exact same way as a Mandatory Mediation, however, oftentimes the Judges will elect to provide the case with more time to settle. Additionally, the advantage of a Voluntary Mediation is that the parties are permitted to select their own Judge. If the case is settled at a Voluntary Mediation, your case will then be scheduled for a Compromise and Release Hearing

Not all cases settle at Mediation, however, Mediation is a very useful tool in trying to bridge the gap between the parties. Some cases do settle outside the confines of Mediation, but at times, the Mediation can push the parties one way or the other toward settlement.

Getting Help with Workers’ Comp Mediation

If you have a Workers’ Compensation case in PA, and you need more information about workers’ comp mediation, please reach out to us at ARM Lawyers. We’re here to help with your workers’ comp case in Pennsylvania.

Call us anytime, our phone lines area available with Real Legal Professionals 24/7! Alternatively, you can fill out out one of the contact forms on our website, and we’ll reach out to you.

Attorney Joshua B. Goldberg has decades of experience handling workers’ compensation cases and can help you understand workers’ comp mediation, and how it pertains to your case, so don’t wait!

In PA you only have 120 window to report your workers’ compensation claim, keep that in mind if you’re on the fence about contacting an attorney. There’s no reason to wait, Contact us today and let’s get working on your case.