MEMORANDUM NO. 2018-09

Workers’ Compensation Commission Guidelines for Mediation
effective November 1, 2018

NOTE: This memo is superseded by Memorandum No. 2020-01.
NOTE: This memo supersedes Memorandum No. 2017-03. The list of Commissioners available to mediate was updated on March 26, 2019.

Please be advised that the procedures concerning the Workers’ Compensation Commission Mediation Services Program have been revised. Enclosed, you will find the revised guidelines. The revisions will be effective beginning November 1, 2018, 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 November 1, 2018

After review of our progress with our Mediation Services Program, as well as numerous changes in the staffing of the Commission, please be advised that the following changes will take place effective November 1, 2018. 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. Mediation services are 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. The Commission continues to strongly suggest that the parties submit the names of three commissioners that ALL have agreed upon in order of preference in order to facilitate quicker scheduling. Notwithstanding this suggestion, if the parties are only able to agree on one commissioner, the Commission will do its best to accommodate that request. The parties should NOT contact the commissioners directly.
    
3. A request for mediation services is to be made in writing to the Chairman’s Office, Attn: Terri Miro at 21 Oak Street, 4th Floor, Hartford, CT 06106. Requests may also be faxed to Ms. Miro’s attention at (860) 247-1361 or emailed to terri.miro@ct.gov.
    
4. A notice of receipt of all mediation requests will be sent to the parties by the Chairman’s office within five (5) business days of the receipt of the request.
    
5. The Commission continues to strongly suggest that the parties submit the names of three commissioners that ALL have agreed upon in order of preference in order to facilitate quicker scheduling. Notwithstanding this suggestion, if the parties are only able to agree on one Commissioner, the Commission will do its best to accommodate that request.
    
6. The Chairman’s office will contact the commissioner(s) to determine availability and scheduling based on the Commissioners’ workload.
    
7. The mediation request should advise whether a half day (three (3) hour) or full day (six (6) hour) mediation session is required.
    
8. Based upon a timetable to be determined by the commissioner to whom the mediation is assigned, the parties shall submit to the commissioner the following information:
1. Identification of the issue(s) in dispute
2. Documents in support of the respective positions taken by each party* (including the name of the person with authority, their title, and contact information to include a phone number for the day of the mediation)
    
9. At the time of the mediation, the claimant is expected to be in attendance unless it is physically or geographically impractical. The respondent is required to discuss the case with someone prior to the hearing that has authority and have said person available via telephone to help achieve settlement.
    
10. All cancellation requests must be received within fourteen (14) days of the scheduled mediation hearing. If the cancellation request is received less than fourteen (14) days prior to the scheduled 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 Carolyn M. Colangelo
The Honorable Daniel E. Dilzer
The Honorable Maureen E. Driscoll
The Honorable Brenda D. Jannotta
The Honorable Peter C. Mlynarczyk
The Honorable Charles F. Senich
The Honorable Michelle D. Truglia
The Honorable William J. Watson III

^{* The commissioner may request a preliminary meeting of the parties or send a letter with the hearing notice in order to discuss/advise of the exact materials that he/she will require and to establish a timeline upon which these materials are to be submitted.}