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Mediation in North Carolina Workers Compensation Claims

Mediation in North Carolina Workers Compensation Claims

Mediation in North Carolina Workers Compensation Claims

Much like you may have had during school, lawyers can also use mediators in North Carolina for workers compensation claims. This often occurs when neither party wants a case to go to court regarding a disagreement. A mediation gives both the plaintiff and the defendant a place to informally speak their grievances and attempt to settle the case without having to pay the court costs which are almost always extremely high and inconvenient. This is not to say that a mediation is free, of course. Generally, both parties will share the cost of a mediation equally unless otherwise agreed upon. If the case is not settled at mediation, the defendant will pay the share that the injured party would otherwise be responsible for which gives them incentive for settling fairly.
    A mediator is generally a lawyer which is either agreed upon by both parties or is appointed by the Industrial Commission. If the mediator is not a lawyer, they still have special training in helping others to settle their differences. It is imperative that the mediator is an independent party to the other two and has no personal interest in the outcome of the meeting. Their only role is to schedule and control the mediation, they are not to pass a ruling or make any other decisions in the case. If the mediation does not work and the case continues onto court, it should also be known that statements that are made during the mediation are not to be used during the court trial. A mediation may be ordered if a disputed issue is filed through the Industrial Commission or if both parties request it, regardless of whether or not a hearing is scheduled or expected in regards to a claim.
    Due to the fact that most mediations end in a “clincher”, it is always a good idea to have a lawyer of your own there to advise you. Call Collier today for your free consultation and let us be at your side in the event of a mediation. We will always make sure that you get the best outcome possible, so if you have to go up against another lawyer, be sure to call us in to help protect your rights.