There is more than one way to resolve a workers’ compensation dispute. Mediation and arbitration are alternative dispute resolution (ADR) methods designed to help employers and employees achieve outcomes that may prove out of reach through traditional litigation. Both of these ADR methods provide potential advantages to injured workers seeking financial compensation after an on-the-job accident.
If you need legal representation for a workers’ compensation dispute in Florida, the attorneys at Berlin Law Firm are here for you. With more than 30 years of experience in this complex area of law, we are prepared to protect your rights throughout this process, regardless of the complexity of the dispute and the venue in which it is resolved.
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Mediation Is Not Optional in Florida
If your employer has denied your workers’ compensation benefits and good-faith negotiation efforts have failed to yield a resolution, the first legal action available to you is to file a Petition for Benefits with the workers’ compensation court. Doing so will not trigger a trial at first. Before your case can proceed through the court system, you and your employer must engage in court-mandated mediation.
A Look Inside Workers’ Comp Mediation
In mediation, you and your legal counsel and your employer’s workers’ comp insurance provider and their legal counsel will work with a neutral, third-party mediator to resolve the dispute over the issue in dispute—whether it concerns the duration of your benefits, your disability rating, approved medical treatment or other point of contention.
The mediator’s objective is to facilitate communication and steer disputing parties toward common ground, helping them find a resolution that puts an end to all issues in dispute.
Mediation offers a number of advantages to traditional litigation. Typically, mediation:
- Is faster: The worker’s compensation court system moves at its own pace. If mediation is successful, you can reach a resolution in weeks rather than in months or even years.
- Is more amicable: A protracted legal dispute can drive a permanent wedge between you and your employer. If maintaining positive relations is a priority, mediation can help you do so. The informal nature of mediation also promotes communication and the sharing of ideas, two elements that can help uncover common ground that may otherwise lay hidden.
- Gives you more control: Rather than a judge or arbitrator handing down a decision you must live with, you and your employer can decide the terms of your resolution, provided you can reach an outcome you are both willing to sign off on.
- Is private: If you want to keep your dispute out of the public eye, resolving it through mediation is preferable to a public trial.
If the mediation process is successful, the mediator will submit the agreement you and your employer have reached to the court for final approval. If you and your employer cannot reach a resolution, however, your case will advance to trial and you will be scheduled for a hearing before the Judge of Compensation Claims.
What Is Arbitration?
Like mediation, arbitration often delivers a resolution much faster than traditional litigation, but it differs from mediation in its structure and the means by which a resolution is reached.
In arbitration, a neutral arbitrator will hear both sides of the dispute, weigh evidence and testimony, and render a decision.
The crucial difference between mediation and arbitration is that the arbitrator acts much like a judge in rendering a final and binding decision, whereas the mediator simply encourages both parties to reach an agreement.
Arbitration is less formal than a trial and not bound to the strict rules and procedures of a traditional courtroom environment. Both parties in the dispute may agree to enter the arbitration process after seeking approval from a judge of compensation claims. An award achieved through arbitration is just as binding and enforceable as one reached through a courtroom decision.
Explore All of Your Dispute Resolution Options
If your employer has denied your workers’ compensation benefits, it helps to have an ally on your side who can protect your rights no matter which course the dispute takes. The workers’ compensation lawyers at Berlin Law Firm are here to guide you through all aspects of the dispute resolution process and help you achieve the most favorable possible outcome. Contact us today to arrange a free and confidential consultation with an experienced member of our legal team.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
