Do You Know the Rule? N.C. Mediation

Charlotte, NC (WorkersCompensation.com) -- Like in other areas of the law, mediation plays a role in workers' compensation law.

So, it's not surprising that states, like North Carolina, have incorporated rules about mediation into their workers' compensation regulations. Here's a look at what the Tar Heel state requires for mediation.

Getting to Mediation

If the parties to a workers' compensation claim or state tort claim agree to mediate the claim, the parties may schedule and proceed with mediation on their own, or the parties may submit a request for a mediation order 

No order from the Industrial Commission is necessary if the parties mutually agree to mediate the claim, but the mediator shall file a report of mediation with the Commission. If the parties proceed with mediation in the absence of an order from the Commission and the Commission thereafter enters a mediation order, the parties shall notify the Commission that the parties have agreed upon the selection of a mediator or, if the mediated settlement conference has been completed, that the parties request to be excused from any further mediation obligations.

Attendance (goes into effect May 1)

If all parties and the mediator agree on the mediation attendance method (which can be remote, in-person, or a hybrid of the two where some parties are participating remotely while others are together in-person), then the mediation will be held using the agreed-upon attendance method.

If an agreement on the attendance method cannot be reached, then attendance will be in-person unless the mediator has designated in the Dispute Resolution Commission’s Mediator Information Directory that he or she will only conduct remote mediations.

However, in all cases, a party who is required to attend the mediation may file a motion with the Industrial Commission Dispute Resolution Coordinator asking that a different method of attendance be ordered.

Emailing of Invoices

Last June, the Industrial Commission began emailing Report of Mediator invoices to counsel of record for defendants in all cases where an employer or carrier had legal representation.

Invoices are emailed by the Commission to defense counsel only. Upon receipt of a client’s invoice, defense counsel should immediately forward the Report of Mediator invoice to the appropriate employer or carrier representative for payment. Payment shall be made in full by the employer or employer’s carrier upon receipt of the Commission’s Report of Mediator invoice.

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