1. A. Mediation shall be available to any party to a claim arising pursuant to the provisions of the Workers' Compensation Act, subject to the limitation provisions of Section 14.3 this title and except for claims against the Multiple Injury Trust Fund.

2. B. Mediation shall be voluntary, and shall not be conducted without the consent of both parties.

   1. 1. Mediation is not a prerequisite to the commencement of a claim for benefits, pursuant to the provisions of the Workers' Compensation Act.
   2. 2. A request for mediation or consent to mediate does not invoke the jurisdiction of the Workers' Compensation Court.
3. C. No sanction or penalty may be imposed by the Administrator of the Workers' Compensation Court or any judge of the Court if a party refuses to mediate.

4. D.

   1. 1. A request for mediation shall be made in writing to the Administrator.
   2. 2. The party requesting mediation shall inform the Administrator of the issues in dispute, and the name, address, and telephone number of the opposing party or insurance company, if known. If the claim involves a certified workplace medical plan, the requesting party shall provide the name and phone number of the contact person for the plan.
5. E. Once a request has been made, the Administrator shall contact the opposing party. If the opposing party does not wish to participate in mediation, the requesting party shall be notified of the refusal.
6. F. If both parties agree to mediation, they shall enter into a written consent to mediate on a form provided by the Administrator. The form shall contain a statement informing the parties of their rights and obligations and of the confidentiality of the proceedings. This written consent shall be signed by both parties to the claim and shall be submitted to the Administrator before the selection of a mediator is made.
7. G. Mediation is confidential and no part of the proceeding shall be considered a matter of public record. Recommendations of the mediator are not binding unless the parties enter into a settlement agreement. If an agreement is not reached, the results and statements made during the mediation are not admissible in any following proceeding.
8. H. Upon receipt of the consent form, the Administrator shall provide the parties with a list of certified mediators. Both parties shall agree to a mediator. If the parties are unable to agree, mediation shall not occur.

9. I. The Supreme Court of the State of Oklahoma shall be responsible for certifying those persons who are eligible and qualified to serve as mediators. An individual may be certified as a mediator if:

   1. 1. The applicant is certified pursuant to the Dispute Resolution Act, Section 1801 et seq. of Title 12 of the Oklahoma Statutes;
   2. 2. The applicant has such additional qualifications as required by the Court; and
   3. 3. The applicant has signed an agreement to be bound by the ethical standards set forth in Chapter 37, Appendix A of Title 12 of the Oklahoma Statutes, "Code of Professional Conduct for Mediators".
10. J. Each certified mediator shall remain on the list for five (5) years, unless removed. Mediators shall be required to complete at least six (6) hours of continuing education per two-year period in the areas of mediation and workers' compensation. Proof of compliance with this requirement shall be submitted to the Administrator. This continuing education requirement shall be in addition to any other such general requirement which may be required by the Oklahoma State Bar Association. Cost of continuing education is to be borne by the applicant.
11. K. Notwithstanding the Rules and Procedures for the Dispute Resolution Act, mediators shall be compensated at the rate or fee as determined by the mediator; provided however, the rate or fee shall not exceed a maximum rate to be established by the Administrator by rule. The cost of mediation shall be paid by the respondent or its insurance carrier.
12. L. If the mediated claim is voluntarily agreed to by both parties and resolved, any final settlement of the action shall include a consent to mediation form and shall be completed upon the filing of a Joint Petition or an Agreement Between Employer and Employee as to Fact with Relation to an Injury and Payment of Compensation.

Added by Laws 1997, SB 730, c. 361, § 4, eff. November 1, 1997; Amended by Laws 1999, SB 672, c. 420, § 4, eff. November 1, 1999 (superseded document available).