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5220.2670 MEDIATION.

Subpart 1.

Evaluation for mediation.

The commissioner may refer, or any party to a workers' compensation matter or dispute may, at any stage of the proceedings, request evaluation of a disputed matter by the mediation unit to determine suitability of the matter for further action by the unit. If the matter is found to be suitable for resolution by the mediation process, the mediation unit will contact the parties or their attorneys, if they are represented, to attempt conciliation or schedule a mediation session.

Subp. 2.

Conciliation.

Conciliation is the resolution of a matter through informal means without conducting a full conference. If the matter is appropriate for conciliation, the mediation unit may conciliate an agreement of the parties.

Subp. 3.

Agreement to mediate.

If conciliation does not occur or is not successful and all parties consent to participate in the mediation process, the unit will schedule a mediation session. The mediation unit will notify the parties of the date, time, and place for the session. An agreement to mediate must be executed by the parties prior to the commencement of mediation.

Subp. 4.

Mediation resolution.

If the mediation session results in a resolution of one or more of the disputed issues, the parties shall sign a written statement outlining the agreement. The mediation resolution need not contain all of the items listed in part 1415.2000, but must include a list of the issues under discussion and agreements reached by the parties. An intervenor is not required to sign the statement if it provides for reimbursement in full to the intervenor.

Subp. 5.

Mediation award.

A designee of the commissioner shall review the mediation resolution as provided by Minnesota Statutes, section 176.521, and shall issue a mediation award if the terms conform with the workers' compensation act. The award and the resolution must be served on the parties by mail within ten days of the conclusion of mediation unless the parties agree to allow a party to draft the mediation resolution. Both documents will be attached to and become part of the judgment roll of the division's file.

Statutory Authority:

MS s 175.17; 175.171; 176.83

History:

11 SR 1530; 18 SR 2546

Published Electronically:

June 11, 2008