1. A. Mediation in workers' compensation claims is a voluntary process authorized by 85 O.S., Section 3.10. Mediation refers to processes of resolving disputes with the assistance of a mediator, outside of a formal court proceeding. Recommendations of the mediator are not binding unless the parties enter into a settlement agreement. Final settlements shall be approved by the Court.
2. B. The Administrator of the Court shall promulgate rules, institute procedures and create forms for the administration of voluntary mediation at the Court.
3. C. Voluntary mediation shall be conducted only by mediators certified pursuant to the requirements of the Dispute Resolution Act, Section 1801 et seq. of Title 12 of the Oklahoma Statutes and in accordance with any additional requirements promulgated by Rules of the Administrator and/or the Workers' Compensation Court Rules. All workers' compensation issues may be mediated except Multiple Injury Trust Fund Claims, and claims subject to the limitation of Section 14.3 of Title 85, relating to the dispute resolution procedure in certified workplace medical plans.
4. D. PARTIES. Any person, partnership, association, corporation, limited liability company, personal representative of an estate, receiver, trustee, department, instrumentality or institution of this state, county or division thereof, public trust, board of education, incorporated city, town or division thereof, believing that they have or are involved in a claim under the Oklahoma Workers' Compensation Act, may request a mediation conference from the Administrator on a form to be provided by the Administrator.
5. E. CONFIDENTIALITY. Any information from the files, reports, case summaries or other communications or materials, oral or written, relating to a mediation conference or the underlying dispute obtained by any persons involved in the mediation is privileged and confidential and may not be disclosed without prior written consent of the parties involved in the mediation conference. However, information of abuse is not confidential when a mediator learns of such activity during mediation. A mediator is required to report abuse of an elderly person or person with disabilities or a child. For statistical purposes, aggregate anonymous information regarding the use of mediation through the Court shall be available for annual reports, research and legislative purposes.
6. F. DISCOVERY. Discovery may continue notwithstanding a request for mediation or pending mediation conference unless otherwise ordered by a Judge of the Workers' Compensation Court of the State of Oklahoma.

7. G. EFFECT ON CLAIM.

   1. 1. Mediation shall not preclude or be a cause for delay in the prosecution of a claim nor prevent the scheduling and attendance at a hearing thereon required by the Oklahoma Workers' Compensation Act, unless otherwise ordered by a Judge of the Workers' Compensation Court of the State of Oklahoma.
   2. 2. Mediation does not toll the statute of limitations.

8. H. FEES. The Administrator shall set, by rule, the maximum fees to be charged by mediators for preparation and actual mediation. Mediators may be provided at no charge if the employer meets the financial requirements contained in the Pauper's Affidavit, Form 99, supplied by the Administrator of the Workers' Compensation Court.

   SETTLEMENT. Any final settlement of a mediated claim shall include the consent to mediation form and mediation agreement which shall be attached to the Joint Petition, Form 14 or other agreement, approved by the Workers' Compensation Court.

Adopted by order of the Supreme Court,