Current through Register Vol. 2022, No. 3, March, 2022
Pursuant to Ark. Code Ann. §
11-9-703
(1996 Repl.), and legislative mandate, the Legal Advisor Division is directed
to set and to conduct preliminary conferences, called Mediation Conferences,
with the goal of mediating disputed issues between claimants and respondents. A
Mediation Conference shall be held in all cases in which the amount in dispute
is One Thousand Dollars ($1,000) or less.
A. Upon written request by either party for a
formal hearing, the Mediator shall determine whether the dispute between the
parties exceeds an amount of One Thousand Dollars ($1000). If the Mediator
determines it does not, a Mediation Conference Order shall be issued scheduling
a Mediation Conference within 30 days of the date of said
determination.
B. The Mediation
Conference shall be informal, non-binding, and strictly confidential. The
Mediator is authorized to compel attendance at the Conference, but is not
authorized to compel settlement. The Mediator is not authorized to disclose any
conference proceedings or communications.
C. Attendance by the parties, and/or a
representative of each party having full authority to settle all issues, is
required. Sanctions may be imposed upon any party wilfully failing to attend a
Mediation Conference without good cause. Sanctions may include dismissal,
default, and/or fines as provided in Ark. Code Ann. §
11-9-706
(1996 Repl.)
D. Mediation
Conferences may be conducted by telephone conference call or in person, in the
county where the accident occurred, (if the accident occurred in this state)
unless otherwise agreed to by the parties, or otherwise directed by the
Commission.
E. Following the
conference, the Report of Mediation Conference (Form R) shall be placed in the
file and copies sent to the parties. The file shall then be returned to the
Clerk of the Commission for further disposition prior to being returned to open
general files.
F. The Mediation
Conferences shall be conducted according to policies and procedures approved
and published by the Arkansas Workers' Compensation Commission.
NOTE: If all parties agree to voluntary mediation, the Arkansas
Workers' Compensation Commission will provide mediation services regardless of
the amount in dispute.
(Approved September 9, 1997. Effective January 1,
1998.)
