Proposed Regulation Would Make Mediation Mandatory In Certain S.C. Workers' Compensation Cases
By Lana Sims The South Carolina Workers’ Compensation Commission has submitted to the General Assembly for approval a proposed regulation requiring parties to mediate certain claims. As set out in the Court-Annexed Alternative Dispute Resolution (ADR) Rules first adopted in 2006 by the South Carolina Supreme Court, (and making mediation mandatory in certain civil trial and family courts), mediation is defined as: An informal process in which a third-party mediator facilitates settlement discussions between parties. Any settlement is voluntary. In the absence of settlement, the parties lose none of their rights to trial. For several years, parties with disputes pending at the Workers’ Compensation Commission have been encouraged to mediate their cases before going to a hearing. However, under Proposed Regulation 67-1801, which can be found here , parties must mediate the following claims prior to a hearing: claims arising under S.C. Code § 42