What happens if we reach a settlement at a workers’ compensation mediation?

If the parties reach agreement at a mediated settlement conference, the terms are reduced to writing, specifying all the terms bearing on the resolution, and signed by the parties and their counsel. Importantly, while the mediation settlement agreement is an enforceable contract to settle the case, a workers’ compensation settlement in North Carolina is not final on signature alone: agreements for the payment of compensation must be submitted in proper form for approval by the Industrial Commission, and are generally required to be filed with the Commission within a short period after the conference. The Commission’s approval is a safeguard designed to ensure the settlement is fair to the injured worker. This approval requirement is a distinctive feature of workers’ compensation resolution and an important reason to have the agreement drafted carefully and completely at the conference.