This report describes and evaluates a pilot ADR program for mediating Workers' Compensation claims in West Virginia's Court of Appeals. It concludes that the effort was well received by the Bar, contributed to a high settlement rate and achieved settlements at an early stage in the appellate process.

Description of Study: Examination of the efficacy of mediation of workers' compensation cases on appeal.

Method: Attorneys completed a questionnaire after the mediation session. Time to disposition was determined from court data.

Comparative: No

Sample Size: 862 cases mediated of 2020 cases filed

Variables Examined: Satisfaction with process/outcome, Time to disposition

Program Variables: Mandatory program mediated by both staff and others compensated by the court. Services were provided free to the parties. The study was conducted at the end of the program's first year.

Findings: 73% of attorneys were satisfied with the outcome of the mediation (27% very, 46% somewhat). Satisfaction was related to whether the attorney thought the other party was negotiating in good faith. Satisfaction was also related to whether the mediator was seen as facilitating negotiations or not. Satisfaction was NOT related to the outcome of the case. Prior to the introduction of mediation the average number of days to the grant or denial of appeal was 448, with another 202 days to opinion. Mediation took 60 days to move from the filing of the petition for review to mediation (some took up to 120 days).