Mediate to Comply with this Regulation

Ready to file that DOR?  Not so fast. If you can’t show you tried to settle, you may be wasting everyone’s time. Mediation Shows Readiness 8 CCR §10414(d) requires that “All declarations of readiness to proceed shall state under penalty of perjury that the moving party has made a genuine, good faith effort to resolve […]

New Year, New You? It’s Your Decision

“New year, new you.” How many times have we heard that one? Yet, the same problems that vexed us in December are still there in January. You may be planning to lose weight, save money, or spend more time with family. But what are you doing about a new approach to resolve your ugliest workers […]

Slice Workers Compensation Claims to Settle Them

One of my favorite methods for resolving Workers Compensation cases in mediation is slicing. Slicing a dispute into its separate issues allows parties to reach early partial agreement, paving the way for complete resolution. Parties sometimes want to put one number on the table without specifying how much of that number may represent PD, LP, future medical […]

Counting Our Blessings

Particularly at holiday time, many of us consciously count our blessings. I recently participated in a study group that looked at the question, “What is a blessing?” For me, the all-encompassing blessing is safety and security. You could call it “peace.” That includes being grateful that I have not suffered a disabling injury or illness.   The […]

Don’t Get Hangry

Hungry negotiators are bad negotiators. The term “hangry” arose because hunger actually makes people angry, hence “hangry.” If the mediator provides you with a sandwich menu to order food, it’s not just a courtesy. Nourishment keeps people focused on the mediation instead of their tummies. Take advantage of that menu to keep up your blood sugar. […]

Plan How To Start Your Mediation

The way mediations start is important. A bad start can result in a lot of wasted time getting to the place you should have been at the beginning. The First Move The best way to start is to start. Don’t be afraid to make the first offer to settle. Setting a settlement floor or ceiling […]

3 Reasons Why I Talk to the Injured Worker

TRUST, CATHARSIS, COMPREHENSIVE RESOLUTION   Near the start of every mediation, once each side is in their own caucus room, I spend time talking directly with the injured worker. There are at least three reasons to do so. 1. I want to build trust in the mediation process. The injured worker needs to feel part of […]

Motivation For Advocacy Based Claims Handling: A New Idea

Pictures of injured workers. That’s it. I recently finished reading Pre-Suasion by Robert Cialdini. He relates the story of a group of management consultants who were working at their client’s site in a glass-enclosed conference room. They were tasked with designing incentive programs to reward employees for reaching goals. Rather than being distracted by the […]