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Workers' Compensation Judges' Mediation Procedures
Donald H. Poorman
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Office: Malvern |
District: Eastern |
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Please list the offices at which you will mediate a claim.
Malvern.
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Are you willing to mediate claims that are assigned to you for hearing and decision?
No.
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Are you willing to mediate claims in which one or both parties are not represented by counsel?
No.
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Do you require the parties to execute an agreement to mediate? If so, please describe briefly the matters addressed by the agreement.
No.
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How much time do you typically allow for a mediation session?
One hour.
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Do you require the parties to submit a pre-mediation memorandum? If so:
A memorandum is required only when the petition is not assigned to the Malvern office. I have no requirements as to the form/content of the memorandum.
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Do you conduct a pre-mediation conference? If so, please describe what takes place at that conference.
No.
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Do you require all participants (claimant, adjustor/employer representative, counsel) to attend the mediation personally? Under what circumstances do you permit a participant to attend by telephone?
Attendance by the claimant and all counsel is required. Attendance by other participants is highly recommended, but not required. Attendance by phone is permitted for the adjuster.
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Once you receive a mediation request, what is the usual amount of time elapsed until the mediation takes place?
One to two weeks.
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Describe generally how you conduct a mediation session.
Mediation sessions are conducted differently depending on whether the case is assigned to me for decision (settlement conference) or whether the case is not assigned to me for decision (mediation).
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Describe each step of the process.
Parties meet together with the judge and provide a short summary of their positions. Each party then meets with the judge individually to explain their settlement position.
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Indicate whether you use a facilitative (i.e., helping the parties to communicate and generate their own solutions), evaluative (i.e., discussing the strengths and weaknesses of each party's case and/or offering an opinion as to the settlement value), or mixed approach.
I use a mixed approach with emphasis on evaluation.
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Are you willing to conduct more than one session per claim?
No.
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Is there anything else the parties should know or do in advance of the mediation?
No.
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