Commission to pick up tab for mediator Ginger Crocker
In an effort to reduce the backlog of appeals before the Full Commission, the South Carolina Workers’ Compensation Commission has hired mediator Ginger Crocker to resolve disputes between employers and workers. Ms. Crocker will mediate cases that have been heard by a single commissioner - and are on their way to the Full Commission – in hopes she can persuade the parties to settle the matter and save them the time and expense in pursuing the appeal to the Full Commission.
Ms. Crocker does not expect it to be a stroll in the park. “Workers’ compensation cases can be very emotional. You are talking about issues that affect people’s livelihood and health, and that can make a difference in their relationships at work,” she says, speaking from her experience as a commissioner from 1984-1992.
She says she is drawn to mediation because it is an imaginative way to bridge differences. In a court of law and before the Commission, typically there are only winners and losers. One party prevails and the other feels empty-handed. “But through mediation, we can often effect a compromise – nobody gets everything they wanted and nobody is completely rejected. A major challenge before the mediator is to help each side see the other party also has a point, and merits consideration,” she says.
Ms. Crocker, who is not a lawyer, brings outstanding credentials to the job. In addition to receiving mediation training from the South Carolina Bar in civil and family cases, she can draw on her broad and diverse experience in government, politics, healthcare, education, and community affairs. She served in the SC House of Representatives from 1978-1984 and subsequently was director of intergovernmental affairs for Gov. Jim Hodges. She has served as director of special projects at Presbyterian College, and on the boards of Richland Memorial Hospital, Community Mediation Center, and Central Midlands Habitat for Humanity.
Her experience of how things work in the real world is one asset she brings to the table. “I know the process, and I have an understanding of what each party can expect when they go before the Full Commission. Most important of all, as a mediator it is not my job to make a decision or rule who is right or wrong. My job is simply to help the two sides reach an understanding,” she says.
In this innovative pilot project, which is expected to continue for at least six months, the Commission will pick up the tab for Ms. Crocker’s services. Currently, it takes about four months for an appeal to be set and heard before a Full Commission panel. The delays persist even though commissioners are devoting four days each month for Full Commission review, instead of the traditional three days. The agency hopes that adding a mediator will help in settling some cases that might otherwise go before the Full Commission.
Ms. Crocker, who joined the Commission as a temporary employee on October 1, will function "independently" of the Commission in the sense that the Commission will write to attorneys to explore if they are interested in mediation and interested attorneys would then directly contact her. “I will set up the mediation and review only the information the parties wish to share with me. There will be no correspondence or records submitted to the Commission other than the "form" from me stating the outcome of the process. This system
will prevent any documentation from inadvertently being included in the Commission file,” she says.
If mediation fails, both parties can pursue appeals unhindered. Whatever was discussed and offered and conceded to in the failed mediation talks cannot be brought before the Commission or a court of law. If mediation is successful and the parties reach an agreement, then the settlement becomes a legal document and is binding.
“We would like to have input from all parties with regard to the process and how they would like to see it proceed. If we all work together with new and innovative ideas, we will definitely make progress. I am very excited about the opportunity to work in this arena again. I thoroughly enjoyed my time at the Commission and the relationships with the dedicated people who make this system work day to day. I look forward to working with them again," Ms. Crocker says.
She notes “there is no downside to this service. The Commission will pay for mediation, so it won’t cost employers or workers anything. And if there are several cases I can mediate in Greenville or Charleston or Florence, I’ll go where the parties are,” says Ms. Crocker, who lives in Columbia.