{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-110","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-110","heading":"Alternative dispute resolution program","body":"A. The Workers' Compensation Commission shall develop an\n\nalternative dispute resolution program which affords an injured\n\nemployee the opportunity to obtain benefits by request or informal\n\nprocedure. The program shall include an increased emphasis on\n\nmaking mediation and other alternative dispute resolution programs\n\naffordable and convenient to an injured employee not represented by\n\ncounsel.\n\nB. Participation in an alternative dispute resolution program\n\nis not a prerequisite to the commencement of a claim for benefits\n\nunder this act. A request for alternative dispute resolution or a\n\nconsent to participate in such program does not invoke the\n\njurisdiction of the Commission.\n\nC. Mediation shall be voluntary, informal, and nonbinding in\n\nany claim arising pursuant to the provisions of this act, except for\n\nclaims against the Multiple Injury Trust Fund and medical treatment\n\nissues subject to a certified workplace medical plan. Provided,\n\nhowever, the parties may waive mediation and proceed directly to an\n\nadministrative hearing.\n\nD. A Commission mediator, appointed by the Commission, shall\n\nconduct an informal mediation between the parties in regard to\n\nclaims for a closed period of lost time where the employee has\n\nreturned to work, for medical benefits only, for reimbursement of\n\ntravel expenses and medical treatment, in cases in which the\n\nemployee is not represented by an attorney, or there is no record of\n\ninsurance coverage. Such mediation shall be conducted by the\n\nCommission mediator within thirty (30) days of the filing of a\n\nrequest for any such benefit.\n\nE. Upon the filing of a request for an administrative hearing\n\non issues not specifically listed in subsection D of this section,\n\nthe Commission shall set the case for prehearing before the assigned\n\njudge within fifteen (15) days. At the prehearing, the\n\nadministrative law judge shall accept a waiver of mediation by the\n\nparties or appoint a mediator and issue an order reflecting such\n\nappointment. The mediator shall contact the parties and schedule a\n\nmediation session within thirty (30) days of such order, unless\n\notherwise agreed to by the parties.\n\nF. Mediation is confidential and no part of the proceeding\n\nshall be considered a matter of public record. Recommendations of\n\nthe mediator are not binding unless the parties enter into a\n\nsettlement agreement. If an agreement is not reached, the results\n\nand statements made during the mediation are not admissible in any\n\nfollowing proceeding.\n\nG. The Commission shall be responsible for certifying those\n\npersons who are eligible and qualified to serve as mediators. An\n\nindividual may be certified as a mediator if the applicant meets the\n\nqualifications as required by the Commission. A certified mediator\n\nmay be an attorney or nonattorney who has worked in the area of\n\nOklahoma workers’ compensation benefits for at least five (5) years.\n\nMediators serving as Commission-certified mediators on the effective\n\ndate of this section shall serve the remainder of their respective\n\nfive-year certification periods and may reapply for successive\n\ncertification periods.\n\nH. Each certified mediator shall remain on the list for five\nnonattorney who has worked in the area of\n\nOklahoma workers’ compensation benefits for at least five (5) years.\n\nMediators serving as Commission-certified mediators on the effective\n\ndate of this section shall serve the remainder of their respective\n\nfive-year certification periods and may reapply for successive\n\ncertification periods.\n\nH. Each certified mediator shall remain on the list for five\n\n(5) years, unless removed. Mediators shall be required to complete\n\nat least six (6) hours of continuing education per two-year period\n\nin the areas of mediation and workers' compensation. Proof of\n\ncompliance with this requirement shall be submitted to the\n\nCommission. This continuing education requirement shall be in\n\naddition to any other such general requirement which may be required\n\nby the Oklahoma State Bar Association. Cost of continuing education\n\nis to be borne by the applicant.\n\nI. Mediators shall be compensated at the rate or fee as\n\ndetermined by the mediator; provided, however, the rate or fee shall\n\nnot exceed a maximum rate to be established by the Commission by\n\nrule. The cost of mediation shall be paid by the respondent or its\n\ninsurance carrier. A mediator must schedule mediations for a\n\nminimum two-hour block of time, and may not schedule more than one\n\nmediation to take place at a time.\n\nJ. At the time of a mediation, the claimant shall be in\n\nattendance unless all parties agree, and all parties shall be\n\nrepresented during the entire mediation session by a person with\n\nfull settlement authority to settle any issue of the claim. If a\n\nparty does not have full settlement authority, or does not\n\nparticipate in good faith in the mediation process, the mediator\n\nshall report to the assigned administrative law judge of the\n\nCommission who may for good cause shown assess costs, attorney fees,\n\nand sanctions.\n\nK. To encourage early resolution of claims, an injured employee\n\nmay participate in mediation without counsel. Upon compromise\n\nsettlement of the claim, the parties may submit the settlement\n\nagreement to any administrative law judge for final approval.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d75e98b1a9b36acdc4ba24386c0afb38274e321fb75e464f81ef1c984cf6158d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-11","next":"us-ok/okla.-stat.-tit.-85a-85a-111"},"notice":"GroundRules: Original legal text. Not legal advice."}