MEMORANDUM NO. 2017-03

Workers' Compensation Commission Guidelines for Mediation
effective July 1, 2017

NOTE: This memo is superseded by Memorandum No. 2018-09.
NOTE: This memo supersedes Memorandum No. 2015-04.

Please be advised that the procedures concerning the Workers' Compensation Commission Mediation Services Program have been revised. Enclosed you will find the revised guidelines. As you will note, it will commence July 1, 2017 and as with any program, we will continue to monitor to determine if revisions are necessary. As we progress, your input is welcome.

Workers' Compensation Commission
Revised Guidelines for Mediation Services

Effective July 1, 2017

After review of our progress with our Mediation Services Program, please be advised that the following revisions are taking place on July 1, 2017. Parties in a litigated matter may request the services of a Commissioner to help mediate a resolution prior to trial. Certain Commissioners have agreed to serve in this capacity and therefore, mediation services would be limited to one of those Commissioners. The Guidelines and requirements to utilize this program are as follows:
 

1. Mediation services are available only with the agreement of BOTH parties.
    
2. A request for mediation services is to be made through the Chairman's Administrative Office at 21 Oak Street, Hartford, CT 06106. The parties are NOT to contact the Commissioners directly.
    
3. The parties are to submit the name of three Commissioners that ALL have agreed upon in order of preference. The Commission will make every effort to assign the matter to the parties' first choice.
    
4. The Chairman's Administrative Office will contact the Commissioner(s) to determine availability and scheduling based on the Commissioners' workload.
    
5. The parties are to advise whether a half-day or full-day mediation session will be required.
    
6. Based on the timetable, to be determined by the Commissioner to whom the mediation is assigned, the parties shall submit information to include the following:
1. Identification of the issue(s) in dispute
2. Documents in support of the respective positions taken by each party*
   (including the name of person with authority, their title and phone number.)
    
7. At the time of the mediation, the claimant is expected to be in attendance unless physically or geographically impractical to attend. The respondent is required to discuss the case with someone prior to the hearing who has authority and have said person available via telephone to help achieve settlement.
    
8. Once the Mediation Hearing is scheduled, in addition to the Hearing Notice, a letter from the Commissioner may be sent looking for additional documents other than what was mentioned above.
    
9. All cancellation requests must be received within 14 days of the scheduled mediation hearing. If the cancellation request is received less than 14 days prior to the scheduled mediation hearing, the matter will NOT be eligible for a future mediation docket.

The following Commissioners have agreed to be mediators:

The Honorable Scott A. Barton
The Honorable Randy L. Cohen
The Honorable Daniel E. Dilzer
The Honorable Christine L. Engel
The Honorable Peter C. Mlynarczyk
The Honorable Stephen M. Morelli
The Honorable Nancy E. Salerno
The Honorable Charles F. Senich
The Honorable Michelle D. Truglia
The Honorable Ernie R. Walker

^{* The Commissioner may request a preliminary meeting with the parties to discuss the exact materials he/she would require and establish the timeline upon which those materials are to be submitted.}