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Workers' Compensation Judges' Mediation Procedures

Edward A. Pastewka

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

    Erie, New Castle, and Pittsburgh.
  2.  
  3. Are you willing to mediate claims that are assigned to you for hearing and decision?

    Yes.
  4.  
  5. Are you willing to mediate claims in which one or both parties are not represented by counsel?

    Yes.
  6.  
  7. Do you require the parties to execute an agreement to mediate? If so, please describe briefly the matters addressed by the agreement.

    No.
  8.  
  9. How much time do you typically allow for a mediation session?

    One hour.
  10.  
  11. Do you require the parties to submit a pre-mediation memorandum?

    No.
  12.  
  13. Do you conduct a pre-mediation conference? If so, please describe what takes place at that conference.

    No.
  14.  
  15. 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?

    Ordinarily, all participants must be present, except the adjuster who must be available by phone.
  16.  
  17. Once you receive a mediation request, what is the usual amount of time elapsed until the mediation takes place?

    Thirty (30) days.
  18.  
  19. Describe generally how you conduct a mediation session.

     
    • Describe each step of the process.

       
      1. I read the entire file.
      2.  
      3. Discussion with all parties regarding the issues and problems; also whether a demand and offer have been made.
      4.  
      5. Confidential meeting with each counsel at which time the weaknesses and strengths of the parties are discussed.
      6.  
    • 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.

      See above.
    •  
  20. Are you willing to conduct more than one session per claim?

    No.
  21.  
  22. Is there anything else the parties should know or do in advance of the mediation?

    Only under unusual circumstances will the session exceed one hour.
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