The Importance of Facts

A big part of a mediator’s job is to elicit and isolate relevant facts. Then we can determine points of agreement and disagreement. Mediations come in two basic types: – Parties agree on the facts but disagree on how to interpret them – Parties disagree on the facts Model 1: We Agree on the Facts, […]

The Last-Minute Report

On several occasions, counsel has appeared for mediation with an expert report dated the day before. Often this attorney has not served a copy of the report on opposing counsel. Nor did the advocate attach this document to the mediation brief. What effect does this report have at mediation? I have never seen a last-minute […]

A Mediation Quiz

Find out how much you really know about mediation with this short True/False quiz. 1. Opposing parties meet together with the mediator in caucus. T/F 2. No one can use documents disclosed solely in mediation as evidence if the case does not settle. T/F 3. If parties are unable to agree on settlement terms, the mediator will decide […]

Held Hostage by a Torturous Claim? How to Escape

Do you feel like you and your clients are hostage to a claim that goes on and on? Every treatment request triggers a new round of litigation. The injury happened decades ago, and the disability percentage still has not finalized. The parties are at each other’s throats. You can use tips from professional hostage negotiators […]

Evaluating the Denied Workers Comp Claim

I recently mediated a partially denied claim where the attorney for the injured worker had no idea what the value of the future medical costs might be. It was an old dog claim, and treaters had been deposed multiple times. When a printout provides historic data, it’s pretty easy to project future expenses. Sure, parties might […]

Are You A Courageous Negotiator?

Merriam Webster defines courage as the mental or moral strength to venture, persevere, and withstand danger, fear, or difficulty. The easy way to litigate is to react to catalysts from outside sources, such as the court, opposing counsel, or a medical emergency. The courageous negotiator is proactive. That includes knowing how to push a claim to […]

Is Mediation Effective in Workers’ Comp?

Babe Ruth’s lifetime batting average was .342. Studies in states with a history of workers’ compensation mediation suggest your success rate with it is likely to be a whole lot better. In Florida, parties must mediate workers’ compensation claims within 130 days of the filing of a petition for benefits. Results for the fiscal year ended June […]

How to Write a Workers Compensation Mediation Brief

Why do so many advocates stumble when it comes to preparing for mediation? Perhaps the most important thing a lawyer can do to prepare for mediation is to write a brief. Done properly, the process forces the writer to focus and get ready to negotiate. But many people do it wrong, mostly by providing irrelevant and obsolete information […]