Why Mediations Are Like Diamonds

Anyone shopping for a diamond quickly learns diamonds have four characteristics known as the four C’s: Like a diamond, mediation is incredibly valuable and has its own 4 C’s: Confidentiality Candor Creativity Collaboration Confidentiality Confidentiality is what makes mediation work. Anything said in mediation cannot later be used in a court. If the parties do…

WHY YOUR WORKERS COMP CLAIM EVALUATION IS WRONG

Contradictory dynamics involving life expectancy affect your large-exposure workers compensation claim evaluations. The industrial injury plus co-morbidities may decrease the injured worker’s life expectancy. But medical advances and heredity may mean your estimate of the injured worker’s life expectancy is too low. The Mortality Table Isn’t the Whole Story Parties typically use a mortality table to compute…

YOU CAN’T SETTLE IF YOU DON’T KNOW THE ISSUES

HOW MANY PIECES ARE THERE TO THE SETTLEMENT PUZZLE?   Answer:  Probably more than you think. The more issues there are in a negotiation, the greater the opportunity for give and take across issues. This adds flexibility for parties to shape a settlement acceptable to all. Trading across issues in negotiation is called “logrolling.”Every case has its own…

Settlement Ethics

Ethics are the moral principles that govern behavior. Every workers compensation professional has ethical rules to follow. For attorneys, these are spelled out in Codes of Professional Responsibility, statutes and sometimes case law. Despite some differences among the states, the basic principles governing settlement ethics are mostly the same Duty to Communicate to the Client…

Why Mediation Is Like Sex

YOU THOUGHT MEDIATION AND SEX HAD NOTHING IN COMMON?NOT SO!   Both mediation and sex should: Happen between persons committed to the process as an essential part of the big picture Occur with appropriate frequency Stimulate participants to contribute their best selves Continue until mutual satisfaction Make participants feel better at conclusion Empower parties to…