Mediation Services

PURPOSE: This rule sets forth the administrative procedures for initiating mediation services whereby parties are afforded an opportunity to resolve disputes prior to proceeding to the hearing process. (1) As the division deems appropriate, or upon application filed by either party, mediation services will be provided by a representative of the division for the purposes of ascertaining the issues, identifying the areas of dispute and attempting to facilitate a resolution of the dispute. (2) The written request for mediation services should include the injury number assigned to the case, the names of each party to the dispute, if known, and an explanation of the dispute. (3) Mediation services shall be informal and may be used at any time prior to commencement of an evidentiary hearing. The individual conducting the mediation proceeding may note in the case file that an attempt at mediation was unsuccessful and may also note the areas of dispute. However, no notation shall be made in the case file with respect to any settlement offer that may have been proposed which was not accepted, except to list any disputed issues that were not resolved. (4) In the event the person conducting the mediation service also has authority to preside over an evidentiary hearing should mediation prove unsuccessful, that person shall be disqualified from conducting an evidentiary hearing relating to that particular case without limiting the rights conferred by section 287.810, RSMo, unless the parties to the case agree to permit that person to conduct an evidentiary hearing. AUTHORITY: section 287.650, RSMo 1994.* Emergency rule filed March 7, 1994, effective March 17, 1994, expired July 14, 1994. Emergency rule filed July 18, 1994, effective July 28, 1994, expired Nov. 24, 1994. Emergency rule filed Oct. 28, 1994, effective Nov. 25, 1994, expired March 24, 1995. Emergency rule filed March 13, 1995, effective March 25, 1995, expired July 22, 1995. Original rule filed Oct. 28, 1994, effective May 28, 1995. *Original authority; 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993.