Some parties refuse to meet with the other side. For whatever reason, they do not trust them. When an Applicant’s Attorney told me, “She refuses to meet with them,” my response was “She doesn’t have to.” Overcoming mistrust Most of my mediations start with a joint session with all the participants in one room. But […]
“Let’s see,” I said to the employer’s representative. “After deducting PDAs, the MSA, and attorney fees from this offer, the injured worker will end up owing you money.” It happens more often than you might imagine. Usually it’s because the defense has forgotten the attorney’s fee. Then they wonder why the offer was rejected. Unless […]
Maybe being in BED- Blame, Excuses, Denial- is really what’s blocking your ability to close claims. Blame It’s easy to blame the other side. “The adjuster/ defense attorney/ applicant’s counsel isn’t paying attention.” “They’re keeping the case going for the wrong reasons.” Whatever. The only person you can control is you. Without casting aspersions, start communicating anew keeping […]
1) Mediation Works. In one study, 61 percent of workers compensation mediations resulted in total resolution of the disputed issues. 2) Mediation is fast- no waiting for a hearing date on an overcrowded court schedule. 3) Take as much time as you need- no rush to finish within a half-day window at the WCAB. 4) Mediation […]
Cannibal negotiation refers to a deal where parties figure out how to get money from an entity not at the table. The term originates from an arrangement where OldCo paid NewCo to keep NewCo’s cheaper, competing product off the market. NewCo is paid for not selling anything. The buyers who need that product have to […]
Negotiations can founder when parties (and some mediators) don’t know the tricks that remove settlement obstacles. Structured Settlements Structured settlements are ideal for funding Medicare Set-Asides. Structured settlements provide tax-free periodic payments over a specified period of time, which can be for the life of the injured worker. The structure costs less than lump-sum funding, […]
Nobody wants to look bad. Turns out some workers compensation professionals think recommending mediation makes it look like they couldn’t get the claim settled themselves. Mediating a claim doesn’t make you look bad. It makes you look smart. Are You A Litigation Expert? Most claims settle. Mediation makes it happen sooner.Litigation experts realize that going to trial […]
The lawyer told me, “I can only see the cases where I’m the attorney of record.” The hearing rep told me, “I don’t have access to EAMS.” Wrong and wrong. It’s a Government Database EAMS is a PUBLIC database of filed California Worker Compensation cases. Anyone can log in to https://eams.dwc.ca.gov/WebEnhancement/ to see case information. […]
Case evaluation is part art and a lot of math. We’re not talking calculus; we’re talking arithmetic. A surprisingly large number of lawyers tell me they’re bad at math. They’re not alone. CNN anchor Chris Cuomo recently got his math corrected by his co-anchor Michaela Pereira while discussing Powerball lottery numbers. You can’t come […]
Confusion continues about mediation compared to arbitration. The processes are very different. Mediation Parties come to mediation to achieve settlement. A mediator helps people negotiate to that end. I spend most of a mediation with parties in separate confidential sessions. I help them define issues, understand alternatives, and compose offers and demands. I convey information […]