How do you react when your negotiating opponent says something completely outlandish? Some negotiators walk out. Some blow up, screaming invective. Some stoop to insult. In short, they do everything but negotiate. Keep negotiating You can’t reach a negotiated settlement if you’re not negotiating. Sometimes you must react to the nonsense you have just been […]
Assessing your case from your side’s point of view is critical. But it won’t get you far if you don’t pay attention to your opponent’s needs as well. Here are three tips to help you move from conflict to resolution. Spend time sizing up the case from your opponent’s point of view. They are most […]
Most of the cases I mediate are fact-dependent. The law is settled; it is up to the parties to correctly apply the law to these facts. Yet, lawyers sometimes show up with little understanding of what the relevant law is. When the applicability of statutes and regulations is cloudy, case law provides interpretation. Reconsider how […]
The Inflation Reduction Act of 2022 is packed with provisions about tax calculation and collection and climate change. It’s also got provisions worthy of the attention of anyone handling injury cases. Some of these provisions have been widely, but not fully, publicized. Medical Insurance Premiums Remember those three ways to evaluate future medical expenses? People […]
Confidentiality is a hallmark of the mediation process. Information introduced exclusively at the mediation, whether oral or tangible, cannot be introduced in any other civil forum. The Evidence Code spells this out for civil cases; the Government Code applies in administrative cases. Guaranteed confidentiality promotes frankness, especially when people are in caucus with the mediator […]
A 2013 market study indicated that 21% of the U.S. population read science fiction. Science fiction films are even more popular. If we’re so fascinated with speculation about the future, why do we look to the past instead of the future when we negotiate? Instead of planning for a life without conflict, negotiating parties tend […]
In January, 2022, CMS created an uproar when it published Version 3.5 of its Workers Compensation Medicare Set-Aside Reference Guide stating that it would essentially ignore “non-submit” or “evidence-based” Medicare Set-Aside allocations: Unless an MSA is submitted and approved, CMS cannot be certain that Medicare’s interests are adequately protected. Therefore, CMS will treat any non-CMS-approved […]
The litigation section of the California Lawyers Association recently published this bon mot: “Mediators are expected to play the role of ‘Devil’s advocate,’ questioning the strength or viability of the various legal arguments being asserted by parties and/or their counsel. In this context, mediators may dive deeply into the law applicable to the underlying dispute […]
COVID-19 changed our lives in oh-so-many ways. Courthouses and government buildings shut, and we were forced to suddenly embrace virtual platforms like Zoom, GoToMeeting, WebEx and Microsoft Teams. Now that restrictions are lifting, many of us don’t want to go back to our pre-pandemic business model. We want to keep working from home, at least […]
Know anyone who would benefit from better legal marketing with less stress? A lot of lawyers have great ideas about how to market their practice, but then they get busy and never follow through. The Lawyers Marketing Journal is a guided journal published by AttorneyAtWork.com that helps the user organize and actualize ideas while staying centered in both the personal […]