Stephen Hasner | Workers' Compensation | December 8, 2025
If your Georgia workers’ compensation claim is disputed, you will likely be required to attend mediation. Many injured workers arrive expecting a courtroom-style hearing, which leads to misunderstandings about the mediator’s role. Some believe the mediator will decide who is right or wrong, but that is not how mediation works.
A workers’ compensation mediator is a neutral third party. They do not take sides, determine fault, award benefits, or issue decisions. Their role is to facilitate discussion and help both parties explore the possibility of a voluntary settlement. You remain in control of whether any agreement is reached.
As you prepare for mediation, having an advocate who understands the system and protects your interests can make a significant difference. The experienced Georgia workers’ compensation attorneys at Hasner Law are ready to guide you through the process.
Speak with the Georgia workers’ compensation attorneys at Hasner Law to prepare for mediation and safeguard your claim. Call 678-888-HURT (4787) to schedule your free consultation.
Key Takeaways About a Workers’ Compensation Mediator’s Role
- A mediator is a neutral third party whose only goal is to help you and the insurance company reach a voluntary settlement agreement. They do not represent either side.
- The mediator has no authority to make decisions, order payments, or force either side to accept an offer. They are not a judge and cannot issue a legally binding award.
- Everything you say during mediation is confidential and cannot be used against you later in a formal hearing, which encourages open and honest negotiation.
- An experienced workers’ compensation attorney knows how to use the mediator’s neutrality to highlight the strengths of your case and the risks the insurer faces at a hearing.
- While mediation is mandatory in most disputed Georgia claims, reaching a settlement during the process is entirely voluntary. You retain full control over the final decision.
How Workers’ Compensation Mediation Works in Georgia and What to Expect
In many disputed workers’ compensation cases, the SBWC may order the parties to participate in mediation as part of the dispute resolution process. This process is a formal negotiation, and the central figure is the mediator.
A mediator is a trained and registered neutral with the SBWC. Some may be attorneys or former judges, and others come from mediation or ADR backgrounds.
They do not work for the insurance company, the employer, or the injured worker. Their only commitment is to help the parties work toward a resolution.
The Primary Goal of a Workers’ Compensation Mediator in Reaching Resolution
A mediator’s goal is to help both sides reach a settlement they can agree on. They are skilled communicators trained to listen to both parties, identify the main points of disagreement, and explore potential areas of compromise.
The mediator does not give legal advice or evaluate the merits of the case in a way that binds anyone. Instead, they act as a guide, helping both sides understand the risks and costs of failing to settle and moving to a formal, unpredictable hearing.
How Georgia Workers’ Compensation Mediators Are Chosen for Your Case
The selection of a mediator is an important strategic step. In most cases, your attorney and the insurance company’s attorney will agree on a specific mediator to use.
Both sides want a mediator who is experienced, respected, and effective at resolving disputes similar to yours. An experienced attorney knows the pool of mediators in the Atlanta and Savannah areas, understanding their individual styles.
Some mediators are more evaluative and will offer opinions on the case’s merits, while others are purely facilitative. A good lawyer will choose a mediator whose style best fits the specific dynamics of your case. If the attorneys cannot agree, the SBWC may appoint one from its list of approved neutrals.
The Powers and Limitations of a Workers’ Comp Mediator
It’s important to know what a mediator can and cannot do. A mediator can guide discussions and help both sides communicate, but they cannot give orders or act like a judge.
A judge decides the facts, applies the law, and issues a binding ruling. A mediator, on the other hand, helps both sides work out their own agreement so a judge doesn’t have to step in. This means you stay in control of whether a settlement happens.
Actions a Georgia Workers’ Compensation Mediator Is Allowed to Take
The mediator has a unique set of tools designed to encourage dialogue and negotiation. They control the flow of the conversation and work to create an environment where a settlement is possible, often by de-escalating emotionally charged discussions and reframing issues in a more productive light.
A mediator’s functions are strictly facilitative and are designed to empower the parties to find their own solution. Their key responsibilities include the following.
- Facilitate productive communication between the injured worker and the insurer.
- Identify the core issues and legal or factual barriers preventing a settlement.
- Explore creative solutions that may not be available from a judge, such as agreements on future medical care.
- Keep all conversations and offers strictly confidential to encourage open and honest discussion.
- Assist the parties in finalizing the Stipulation and Agreement, which is drafted by the attorneys if a voluntary settlement is reached.
All of these actions are designed to help both sides reach a voluntary settlement and avoid the risk and expense of a formal hearing.
Actions a Georgia Workers’ Compensation Mediator Is Not Allowed to Take
A mediator’s authority has clear and strict limits. They have no power to impose their will on either party. This limitation is what makes mediation a negotiation rather than a trial, and it is the most important concept for an injured worker to understand.
The mediator is a guide, not a decision-maker, and their role is intentionally limited to preserve the voluntary nature of the process. A mediator is prohibited from taking certain actions.
- Force you to accept a settlement offer you find inadequate, even if they personally think it is a fair deal.
- Make a legally binding ruling on any aspect of your claim, such as determining if your injury is work-related.
- Order the insurance company to pay benefits or approve a specific medical treatment.
- Testify for or against either party in a future hearing if the case does not settle.
- Declare one side the “winner” or “loser” of the negotiation.
These limitations ensure that you retain ultimate control over the outcome of your case. No agreement can be finalized without your express consent.
Using the Mediator’s Neutrality to Strengthen Your Workers’ Comp Case
An experienced workers’ compensation attorney treats mediation as an important chance to move your case forward. They understand that the mediator is neutral, so they present evidence and arguments in a way that encourages the insurance company to think twice about its position. A major part of this approach is using the mediator to help the insurance adjuster see the real legal risks the insurer could face.
How Reality Testing in Mediation Helps Your Workers’ Comp Claim
One of the most valuable aspects of mediation is the reality check a neutral mediator can provide. Your workers’ compensation attorney will present the mediator with the strongest evidence supporting your claim, such as a compelling report from your doctor or testimony from a key witness.
The mediator can then go to the insurance company’s room and, in a confidential caucus, discuss the risks they face if a judge sees that same evidence. For instance, the mediator might point out how an Administrative Law Judge (ALJ) in Fulton County might view the insurer’s denial of a necessary surgery.
This neutral feedback from an experienced professional often carries more weight with an adjuster than arguments coming directly from your lawyer.
The Importance of Confidentiality in Negotiations
Mediation is a safe space for negotiation precisely because it is confidential. Under Georgia’s Alternative Dispute Resolution Rules, everything said and every offer made during the session is protected. This confidentiality is critical for several reasons.
The confidential nature of mediation allows for a level of open dialogue that would be impossible in a public courtroom. This protection encourages both sides to be more candid in their assessments and flexible in their positions.
- It allows for an honest assessment of the case’s weaknesses without fear of admission.
- It protects settlement offers from being used as evidence of liability later.
- It encourages parties to propose creative solutions without being locked into them.
- It reduces confrontational posturing and focuses the discussion on resolution.
This protected environment, managed by the mediator, is often the key that unlocks a settlement that previously seemed out of reach.
How Hasner Law Protects Your Rights During Workers’ Compensation Mediation
While the mediator must remain neutral, your workers’ compensation attorney is focused solely on protecting your interests. At Hasner Law, we treat mediation as a strategic chance to strengthen your claim.
We arrive with a detailed demand package that explains the facts of your case, highlights the strength of your medical evidence, and includes a clear calculation of the benefits you are owed.
This package is a well-supported presentation that draws on expert reports, deposition excerpts, and vocational assessments. We present it not to seek a decision from the mediator, but to show the insurance company the strong case we are prepared to bring before a judge.
With more than 80 years of combined experience in Georgia workers’ compensation matters, our attorneys understand how mediation operates and how to use the process to reinforce your position. We work through the mediator to address the weaknesses in the insurer’s denial and the financial risks they face if the case proceeds to a hearing.
Our history of thorough preparation and steady advocacy carries weight in these negotiations. Insurers know we are ready to move forward to a formal hearing if they refuse to make a fair offer. You owe no fees unless we win your case.
FAQs for Workers’ Compensation Mediators
Is the mediator on the insurance company’s side?
No. A professional mediator is strictly neutral. Their reputation depends on their ability to remain impartial and work with both sides equally. They are not an advocate for the insurer, the employer, or the injured worker. Their only “side” is that of reaching a resolution.
What if the mediator suggests a settlement amount I think is too low?
You have the absolute right to reject any settlement offer, including one suggested by the mediator. The mediator might propose numbers to try and find a middle ground, but you and your attorney have the final say. An effective workers’ compensation attorney will explain why a suggestion is or is not in your best interest.
Do I have to speak directly to the mediator?
While you might have an opportunity to speak in an opening session, your attorney will handle all the direct negotiations and legal arguments. You will primarily communicate with your attorney in your private caucus room, and they will convey your positions to the mediator, ensuring your message is delivered with maximum legal impact.
What happens if we don’t reach a settlement in mediation?
If no agreement is reached, the mediator declares an impasse. This does not hurt your case in any way. It simply means your claim will proceed to the next step in the litigation process, which is usually preparing for a formal hearing before an Administrative Law Judge.
Can a mediator help me get my medical treatment approved?
Not directly. A mediator cannot order the insurance company to approve treatment. However, the approval of specific medical care, such as a recommended surgery, can be a key component of a potential settlement agreement that is negotiated and finalized during the mediation session.
Take Control of Your Workers’ Comp Negotiation
The mediation process can feel intimidating, but it’s also a valuable chance to resolve your case on your own terms. The workers’ compensation mediator remains neutral, but your attorney is your dedicated advocate, focused solely on protecting your interests.
Their role is to present the strongest case possible and leverage the mediation setting to pressure the insurance company into making a fair offer. With a skilled legal team behind you, you stay in control and negotiate from a position of strength.
Do not enter mediation without support. Rely on the experience and commitment of the Hasner Law team.
Contact us today to discuss your case and prepare for a successful mediation. Call 678-888-HURT (4878) for a free consultation—you owe nothing unless we win.
