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Workers' Compensation Judges' Mediation Procedures

David Slom

Office: Northeast Philadelphia District: Southeastern
  1. Please list the offices at which you will mediate a claim.

    Northeast Philadelphia
     
  2. Are you willing to mediate claims that are assigned to you for hearing and decision?

    Yes, upon agreement of counsel that I will keep the case in the event that the mediation does not result in a resolution.
     
  3. Are you willing to mediate claims in which one or both parties are not represented by counsel?

    No.
     
  4. Do you require the parties to execute an agreement to mediate? If so, please describe briefly the matters addressed by the agreement.

    Yes. The agreement must set forth that I will keep the case in the event that the mediation does not result in a resolution.
     
  5. How much time do you typically allow for a mediation session?

    Up to three (3) hours, unless more time is needed.
     
  6. Do you require the parties to submit a pre-mediation memorandum? If so:

    I do not require a memorandum.
     
  7. Do you conduct a pre-mediation conference? If so, please describe what takes place at that conference.

    No.
     
  8. 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?

    No.
     
  9. Once you receive a mediation request, what is the usual amount of time elapsed until the mediation takes place?

    One week.
     
  10. Describe generally how you conduct a mediation session.

     
    • Describe each step of the process.

      Introduction; caucus with each counsel; closing discussion with all counsel.
       
    • 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.

      This is dependent upon the situation and the needs of counsel.
       
  11. Are you willing to conduct more than one session per claim?

    Yes.
     
  12. Is there anything else the parties should know or do in advance of the mediation?

    No.
     
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