How does mediation work?

When both parties agree to mediate the case, a mediation session will take place. This session will be conducted by a mediator, who will provide information to all parties but will not give advice. Prior to the mediation the claimant usually submits a demand to the defendants. At the mediation the parties both make brief opening remarks so the mediator can understand the issues in the case. The parties then go into different rooms and offers go back and forth with offers and counteroffers until a compromise amount can be reached. If an agreement is reached, it will be put into writing and signed by the parties. My experience is that about 80% to 90% of all Idaho Workers’ Compensation cases settle at mediation. So mediation is usually a good thing.

If no agreement can be reached, no problem, the mediation is not binding. The parties can continue to negotiate after the mediation.　 If no settlement is reached, the case goes to hearing.