How can claims be resolved through alternative dispute resolution (ADR) in workers' compensation?

Study for the California Workers Compensation exam. Use flashcards and multiple choice questions, each with hints and explanations. Be ready for your test!

Alternative dispute resolution (ADR) in workers' compensation primarily involves processes such as mediation and arbitration to resolve disputes between injured workers and employers or insurance carriers without formal litigation.

Mediation is a cooperative process where a neutral third-party mediator facilitates communication between the involved parties to help them reach a mutually acceptable settlement. This process emphasizes collaboration and can often lead to quicker resolutions, reducing the time and costs associated with traditional court proceedings.

Arbitration, on the other hand, is a more formal process where a neutral arbitrator hears evidence and makes a binding decision. This can provide a faster resolution compared to going through the court system, as it eliminates many of the procedural delays and complexities associated with litigation.

Using ADR methods like mediation and arbitration provides a more flexible approach to resolving disputes, often keeps the matter private, and allows the parties greater control over the outcome compared to a typical court trial.

The other options do not represent valid ADR processes. A jury trial is a traditional court process that does not fall under ADR. Filing a claim with federal authorities is also not an ADR method; it's a formal legal process. Negotiating directly with a judge is not standard practice in the context of worker's compensation claims and also does not align with the principles of ADR.

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