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Workers' Compensation Judges' Mediation Procedures

Michael J. Rosen

Office: Bristol District: Eastern
  1. Please list the offices at which you will mediate a claim.

  3. Are you willing to mediate claims that are assigned to you for hearing and decision?

    Yes, if both parties agree.
  5. Are you willing to mediate claims in which one or both parties are not represented by counsel?

  7. Do you require the parties to execute an agreement to mediate? If so, please describe briefly the matters addressed by the agreement.

  9. How much time do you typically allow for a mediation session?

    One hour.
  11. Do you require the parties to submit a pre-mediation memorandum? If so:

    • What information must be contained in the memorandum?

      The party's offer/demand and position on the issues in the case.
    • What documents, if any, must accompany the memorandum?

    • How far in advance of the mediation must the parties submit the memorandum and accompanying documents?

      One week.
  12. Do you conduct a pre-mediation conference? If so, please describe what takes place at that conference.

  14. 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?

    The claimant attends personally and the adjuster/employer representative must be available by telephone if he/she is unable to attend.
  16. Once you receive a mediation request, what is the usual amount of time elapsed until the mediation takes place?

    One week or more, depending on the availability of the parties. Upon request, my secretary will provide available dates for mediation. I will conduct mediation in the afternoon on most days that I have morning hearings scheduled.
  18. Describe generally how you conduct a mediation session.

    • Describe each step of the process.

      I usually discuss the case with each side separately and then bring them together for further discussion.
    • 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.
  19. Are you willing to conduct more than one session per claim?

    Yes, if necessary.
  21. Is there anything else the parties should know or do in advance of the mediation?

    Parties should communicate with the other side beforehand.
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