SECTION 810:10-3-7. Mediation without Commission order of referral

  Mediation shall be voluntary and shall not be conducted without the consent of the parties. Parties to a workers' compensation dispute subject to mediation may mutually agree to mediation by a mediator certified by the Commission, to a preliminary conference pursuant to 810:10-3-5, to a Commission mediator pursuant to 85A O.S. § 110(D), or may schedule and proceed with mediation independent of the Commission's processes and with a mediator of their choice. A party may initiate voluntary mediation with a Commission certified mediator by submitting a request for mediation in writing to the Commission's Counselor Division. The Division shall contact the opposing party to ascertain whether or not there is an agreement to mediate. Failure of the opposing party to respond to a request for mediation within fifteen (15) days of notification thereof shall be deemed a refusal to mediate. If mediation is agreed to, the parties shall enter into and submit to the Division a signed, written consent to mediate. If the parties are unable to agree upon a mediator from the Commission's list of certified mediators or elect not to mediate using the preliminary conference process, the Division shall assign a certified mediator, taking into consideration the availability and location of the certified mediator.

[Source: Added at 31 Ok Reg 468, eff 2-4-14 (emergency); Added at 32 Ok Reg 1461, eff 8-27-15]