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 […]
Workplace injury benefits come in many “flavors.” Most California workers are covered by workers compensation, administered by the state. However, federal law provides workplace injury benefits to others. A narrow definition, subject to many refinements, of these groups includes: Jones Act- maritime workers Longshore Act- dockworkers Defense Base Act – civilian employees working abroad on […]
Value-Added Negotiating Many negotiators approach resolution as a zero sum game. Each side’s gain or loss is exactly equal to the other party’s gain or loss. Viewing the resources available as limited can obstruct getting to settlement. Particularly when one or more parties have hit their dollar authority limit, adding non-monetary benefits to the discussion creates a […]
Most of us have seen, and maybe used, the acronym FOMO. It means Fear of Missing Out. FOMO is the fear of making the wrong decision about how to spend your time, particularly after you’ve seen internet stories about others doing better. Negotiation FOBOThe related condition in negotiation is FOBO, Fear Of Better Options. Fear that […]
The claim was decades old; indemnity was supposedly fully paid. The carrier hadn’t paid a medical bill in years. The applicant had dismissed her attorney, but continued to pursue the claim. The carrier wanted the claim off the books, so they called me. Without prompting, the adjuster disclosed his authority limit to me in an email. The applicant, […]
These four attributes are integral to an effective mediation. FairnessThe process and the person conducting the process must be fair. What’s more, all participants must perceive them as fair. Mediation is a level playing field. This safe, neutral environment is a good place to test the validity of an argument. The mediator is a professional neutral. Without preconceptions, […]
Effective January 1, 2019, California attorneys must provide a written mediation disclosure statement to clients or face potential disciplinary consequences. What Does the New Law Do?The disclosure does not protect clients so much as inform them about mediation confidentiality. Under changes to the Evidence Code, attorneys must have clients sign off on a mediation disclosure […]
THINGS ARE GOING GREAT – LET’S KEEP FIGHTING The fall of Atlanta “is not a calamity that endangers our cause.” Montgomery, Alabama Advertiser, September 1864 “No former period of the war has contained such elements of encouragement for the South as the present.” Richmond, Virginia Examiner, February 1865, 60 days before the surrender at Appomattox Many […]
Like the moon, mediation proceeds in phases. Here’s a primer on what happens when. Phase 1: Investigation The first phase of a mediation consists of fact gathering and defining the issues. When the parties provide exhaustive briefs, time spent on fact-finding may be minimal. We can quickly pin down which facts and issues the parties agree […]
You could pay $30,000 for a day with a retired state Supreme Court Justice. Or you could pay about a tenth of that amount for an effective mediator. When you’re ready to choose a mediator, check out the person’s bio (resume, CV) and request a copy of the fee schedule. A few mediators post their […]