Alternative Dispute Resolution

ADR can provide several advantages over litigating a case to decision. These include: 

• Saving time, money, and aggravation. If used at the right time, ADR can save one or both parties some of the costs and stress that come from trying a case to decision.
• Informality. ADR involves “off-the-record” conversations instead of sworn, recorded testimony and exhibits. 
• Improved communications. Both sides have the chance to talk about their needs and interests. This can help the parties better understand one another, and find common ground for building an agreement. 
• Results that are more predictable and better centered on your needs because you have some control. A judge’s decision is limited by the evidence presented and the law. A negotiated settlement can be tailored to suit the parties' needs rather than what one party can prove. 
• Finality without repeated petition filings or appeals. If the judge approves a settlement agreement, the areas of disagreement are reduced or eliminated. This makes it less likely that appeals or more petitions will be filed.

The decision of whether to settle your case is always yours. However, if you or your employer file a petition with the Workers' Compensation Office of Adjudication, the law requires the workers' compensation judge to schedule mediation. This mediation is mandatory unless the judge concludes that it would be futile. 

If the case does not settle at mandatory mediation, the parties may participate in voluntary mediation later in the proceedings. The parties may also request voluntary mediation later in the proceedings if the judge had previously found it futile.

The law does not require you to have an attorney in ADR. You may find that having an attorney makes ADR easier and gives you a better end result.

Note regarding informal conferences under Section 402.1 of the Workers’ Compensation Act: Each party may be represented, but the employer may only be represented by an attorney at an informal conference if the employee is also represented by an attorney.

The judge assigned to hear your case will schedule a mandatory mediation with a judge designated by the Office of Adjudication.

All Workers’ Compensation Judges in Pennsylvania are available for voluntary mediations. For instructions on how to request a Voluntary Mediation in WCAIS, click here.

Note: An individual judge’s availability may be limited by his or her schedule or workload.

There is no cost for ADR services if provided by a workers’ compensation judge currently sitting in office.

Informal conferences may be scheduled by filing the Notice of Request for an Informal Conference form (LIBC-753) with the judge hearing the pending petitions. Both parties must sign the form. The district judge manager will assign the case to a judge other than the judge hearing the pending petitions.

If the parties can agree on a specific judge for a voluntary mediation, they are encouraged to contact that judge’s office directly to determine their availability.

If you want more information or have other questions, contact the attorney representing you in your workers’ compensation case. If you do not have an attorney, contact the office of the judge assigned to hear your case.