Rule 52. Mediation
Oklahoma Statutes AnnotatedTitle 85. Workers' Compensation
T. 85, Ch. 4, App., Rule 52
Rule 52. Mediation
A. It is the policy of the Workers' Compensation Court to encourage the use of alternative dispute resolution procedures for the early disposition of pending litigation. Such informal procedures can achieve the just, efficient, and economical resolution of controversies while preserving the right to a full trial on demand.
B.1. The Court, on its own motion, upon request of any party or by agreement of the parties, may refer any case, or portion thereof, for mediation, except for disputes related to medical care under a certified workplace medical plan or claims against the Multiple Injury Trust Fund. A referral may be made at any time. More than one referral may be made in any case.
2. be knowledgeable of workers' compensation principles and the workers' compensation system in Oklahoma, as demonstrated by prior experience and/or education in the area of Oklahoma workers' compensation benefits for at least five (5) years immediately preceding the application for appointment as a mediator; and
The requirements of paragraph 3 of this subsection do not apply to former judges of the Workers' Compensation Court who served on the bench for a period of at least five (5) years.
D.1. Appointment of individuals to the list of certified workers' compensation mediators, and maintenance and periodic validation of such list, shall be by a majority vote of the judges of the Court. Individual appointments shall be for a five-year period. Review of requests for appointment or reappointment to the list of qualified mediators shall be conducted every six months beginning January 1, 2007.
2. Certified mediators must complete at least six (6) hours of continuing education per two-year period in the areas of mediation and workers' compensation, which education is Court sponsored or has been approved by the Mandatory Continuing Legal Education Commission of the Oklahoma Bar Association. Proof of compliance with this requirement shall be submitted to the Court Administrator. This continuing education requirement is in addition to any other general requirement which may be required by the Oklahoma Bar Association.
F. Removal of an individual from the list of certified workers' compensation mediators shall be by request of the mediator or by a majority vote of the judges of the Court. The Court may remove an individual from the list of certified workers' compensation mediators for cause, including, but not limited to the following grounds:
H. Final disposition of all issues and matters in a claim resolved by mediation shall be completed upon the filing of a Court approved compromise settlement Form CSD-337 or Form CS-339-A, or a Form 100 Order of Dismissal, as appropriate. Final disposition of all issues and matters in a claim resolved by mediation may not be completed by the filing of a Form CS-339-B.
Credits
Formerly Rule 52, adopted September 29, 1997, effective November 1, 1997. Renumbered Rule 56, amended January 22, 2002, effective March 1, 2002. Corrected effective February 6, 2002. Renumbered Rule 52, amended effective January 30, 2006. Amended effective February 7, 2008; March 6, 2012.
Workers' Compensation Rule 52, 85 O. S. A. Ch. 4, App., OK ST WORK COMP Rule 52
Current with amendments received through March 15, 2024. Some rules may be more current, see credits for details
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