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. The order of referral to mediation shall be entered by the Court, and provided to the parties.C. A list of mediators is available from the Court Administrator's office and is posted on the Court's web site. To be eligible for appointment by the Court to the list of certified workers' compensation mediators, the individual must meet the following minimum requirements:1. be an active or senior member in good standing of the Oklahoma Bar Association or a mediator certified pursuant to the requirements of the Dispute Resolution Act, 12 O.S., Section 1801 et seq.;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; and3. except as otherwise provided in this paragraph, within twelve months immediately preceding the application for appointment to the Court's list of certified workers' compensation mediators: a. complete a minimum of six (6) hours of mediation training, which training is Court sponsored or has been approved by the Mandatory Continuing Legal Education Commission of the Oklahoma Bar Association, andb. observe or have mediated a minimum of two (2) workers' compensation mediation proceedings. 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.3. The Court shall notify a certified mediator of the end of the mediator's five-year qualification period at least sixty (60) calendar days before the expiration of that period. Criteria for reappointment is the same criteria as for initial appointment in effect at the time of reappointment.E. To request appointment to the list of certified workers' compensation mediators, an individual shall: 1. Provide the following information to the Court's Counselor Department, 1915 N. Stiles Avenue, Oklahoma City, Oklahoma 73105-4918:d. profession or occupation (e.g. attorney, retired judge);e. training and/or experience as a mediator;f. training and/or experience evidencing knowledge of workers' compensation principles and the Oklahoma workers' compensation system; andg. a statement certifying that the individual meets the minimum requirements set forth in this rule; and2. Verify that the individual, if appointed, will:a. schedule a mediation session within thirty (30) days of the order appointing the mediator, unless otherwise agreed to by the parties;b. schedule mediations for a minimum two (2) hour block of time, and not schedule more than one mediation to take place at a time;c. if requested by the Court, conduct not to exceed two pro bono mediations annually;d. submit biennially to the Court Administrator written verification of compliance with the continuing education requirements of this rule;e. accept as payment in full for services rendered as a certified workers' compensation mediator compensation not exceeding such rate or fee provided in Rule 53; andf. comply with all applicable statutes and Court rules, including all applicable standards of confidentiality and impartiality.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: 1. a material misrepresentation in information submitted to apply for appointment to the Court's list of certified workers' compensation mediators; or2. refusal or substantial failure to comply with the provisions of this rule or other applicable Court rules, including rules of the Court Administrator, and statutes.G. Nothing in this rule shall preclude the parties from agreeing to voluntarily participate in mediation by a mediator of their choice, independent of an order of this Court.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.Okla. Stat. tit. 85, § 52
Adopted by order of the Supreme Court, 1997 OK 130, eff. 11/1/1997; Renumbered from former Rule 47 by order of the Supreme Court, 2002 OK 6, eff. 3/1/2002; Former Rule 52 repealed by order of the Supreme Court, 2006 OK 6, eff. 1/30/2006; Renumbred from former Rule 56 and amended by order of the Supreme Court, 2006 OK 6, eff. 1/30/2006. Amended by order of the Oklahoma Supreme Court, 2008 OK 11, eff. 2/7/2008. Amended by order of the Supreme Court, 2012 OK 19, eff. 3/6/2012 .