Okla. Stat. tit. 85A, § 85A-110

A. The Workers' Compensation Commission shall develop an

alternative dispute resolution program which affords an injured

employee the opportunity to obtain benefits by request or informal

procedure. The program shall include an increased emphasis on

making mediation and other alternative dispute resolution programs

affordable and convenient to an injured employee not represented by

counsel.

B. Participation in an alternative dispute resolution program

is not a prerequisite to the commencement of a claim for benefits

under this act. A request for alternative dispute resolution or a

consent to participate in such program does not invoke the

jurisdiction of the Commission.

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C. Mediation shall be voluntary, informal, and nonbinding in

any claim arising pursuant to the provisions of this act, except for

claims against the Multiple Injury Trust Fund and medical treatment

issues subject to a certified workplace medical plan. Provided,

however, the parties may waive mediation and proceed directly to an

administrative hearing.

D. A Commission mediator, appointed by the Commission, shall

conduct an informal mediation between the parties in regard to

claims for a closed period of lost time where the employee has

returned to work, for medical benefits only, for reimbursement of

travel expenses and medical treatment, in cases in which the

employee is not represented by an attorney, or there is no record of

insurance coverage. Such mediation shall be conducted by the

Commission mediator within thirty (30) days of the filing of a

request for any such benefit.

E. Upon the filing of a request for an administrative hearing

on issues not specifically listed in subsection D of this section,

the Commission shall set the case for prehearing before the assigned

judge within fifteen (15) days. At the prehearing, the

administrative law judge shall accept a waiver of mediation by the

parties or appoint a mediator and issue an order reflecting such

appointment. The mediator shall contact the parties and schedule a

mediation session within thirty (30) days of such order, unless

otherwise agreed to by the parties.

F. 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.

G. The Commission 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 the applicant meets the

qualifications as required by the Commission. A certified mediator

may be an attorney or nonattorney who has worked in the area of

Oklahoma workers’ compensation benefits for at least five (5) years.

Mediators serving as Commission-certified mediators on the effective

date of this section shall serve the remainder of their respective

five-year certification periods and may reapply for successive

certification periods.

H. Each certified mediator shall remain on the list for five
nonattorney who has worked in the area of

Oklahoma workers’ compensation benefits for at least five (5) years.

Mediators serving as Commission-certified mediators on the effective

date of this section shall serve the remainder of their respective

five-year certification periods and may reapply for successive

certification periods.

H. 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

Commission. This continuing education requirement shall be in

addition to any other such general requirement which may be required

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by the Oklahoma State Bar Association. Cost of continuing education

is to be borne by the applicant.

I. 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 Commission by

rule. The cost of mediation shall be paid by the respondent or its

insurance carrier. A mediator must schedule mediations for a

minimum two-hour block of time, and may not schedule more than one

mediation to take place at a time.

J. At the time of a mediation, the claimant shall be in

attendance unless all parties agree, and all parties shall be

represented during the entire mediation session by a person with

full settlement authority to settle any issue of the claim. If a

party does not have full settlement authority, or does not

participate in good faith in the mediation process, the mediator

shall report to the assigned administrative law judge of the

Commission who may for good cause shown assess costs, attorney fees,

and sanctions.

K. To encourage early resolution of claims, an injured employee

may participate in mediation without counsel. Upon compromise

settlement of the claim, the parties may submit the settlement

agreement to any administrative law judge for final approval.