Alternative Dispute Resolution Scheduling Notice For Full and Final Mediations

The Commission's Alternative Dispute Resolution (ADR) Department is facing an unprecedented backlog of full and final mediations needing to be scheduled. A significant portion of this backlog is attributable to cancellations that occur with short notice, leaving the ADR Department unable to offer these dates to parties waiting to schedule mediations.

If the parties believe the continuance was necessitated by an event outside their control, they may submit a written request for conference call with the ADR Managing Deputy Commissioner to discuss whether it may be rescheduled sooner. Failure to obtain authority, approval of a Medicare Set-Aside (MSA), completion of discovery and obtaining additional medical treatment/records will not generally constitute good cause to deviate from this policy.

To avoid last-minute continuances, it is recommended:

The claimant should provide a demand to defendants prior to scheduling the mediation.
The defendants should obtain authority prior to scheduling the mediation.
The parties should obtain MSAs and Medicare approval of the MSAs prior to scheduling the mediation.
The parties should ensure that all necessary parties are available prior to selecting a mediation date, including adjusters and excess carriers.
The parties should complete discovery and obtain all medical records prior to scheduling selecting a mediation date.
The parties should review their files and consult with one another no more than twenty-eight (28) days prior to the scheduled mediation date to ensure they have authority and all other necessary information.

This policy will remain in effect until further notice.

Questions?
Email the Virginia Workers' Compensation Commission at education-outreach@workcomp.virginia.gov.

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