Workmans Comp Disputes
The legal process by which disputes are settled in a courtroom setting can be arduous, lengthy, expensive and at times, even impossible. This is no less true for cases involving workers compensation disputes.
Mediation, as a tool often utilized in the civil arena, is making an impression on corporate and higher profile cases and in recent years (as an alternative to trial-based court proceedings), has proven much more effective at navigating these treacherous waters.
A neutral third party overseeing negations provides a greater degree of satisfaction in substantially shorter timeframes and eliminating the high costs associated with litigation. Whilst compensation can take many guises, ideally, it should result in closure for all parties involved.
When Negotiations Stall
There are many reasons why negotiations can break down especially when heighten emotional states are attached and proposals are rejected at face value.
When a resolution fails to be reached, a skilled mediator should be able to aid the parties towards a compromise.
When Should You Compromise?
A compromise in disagreements over workers compensation cases need not be mutually beneficial, but as the parties are facilitating the way the dispute is resolved, it should be perceived as fair.
Time is the mitigating factor here. The longer negations continue, the less likely a decision will be agreed upon. Time spent in mediation is time well spent and should an outcome not be reached, a mediator will assist in developing a plan of action.
In many cases, the mediator will follow up with clients and explore other avenues in hopes of achieving a final outcome.