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Definition of Mediator

A mediator is a person who has received special training to conduct a negotiation between parties that are involved in a dispute in order to try and resolve that dispute. A mediator is supposed to be an impartial, neutral, third party. In other words, a mediator is not for one side or the other and is not biased towards one side or the other. A mediator has nothing to gain or profit from one side winning over the other. When it comes to workers' compensation, a mediator is used to try and resolve a dispute concerning a workers' compensation case between an injured worker and their employer or their employer's workers' compensation insurance company.

The job of the mediator is to help the injured worker and the insurance company settle their differences outside of court. In doing so, the mediator may make some suggestions, but it is the injured worker, along with the assistance of their attorney, and the insurance company who resolve the dispute. If a resolution of the dispute cannot be reached, the injured worker and the insurance company have the freedom to go after other options. It is usually determined in advance as to how both parties will share in the cost of paying the mediator for their services. However, many mediators volunteer their services, or they may be a part of a court staff.

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