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 […]
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. […]
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 […]
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 […]
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 […]
Hamilton, the ground-breaking musical about colonial forefathers, is finally coming to Los Angeles in August. But maybe you’ve been experiencing a version of that story. Like Aaron Burr, injured workers want to be in the room where it happens [sorry if you encounter an ad at this link]. Instead, they are frequently shut out of discussions and […]
I see cases– sometimes years later– where the parties were oh-so-close to settling when negotiations broke down. Nobody would compromise their bargaining position to give that last inch, and they didn’t have a mediator to help them bridge the gap. A Secret Response To An Offer Nobody Made A “mediator’s proposal” works like this. I […]
Your best friend in negotiation can be your opponent—provided you put your report where your mouth is. Too often parties withhold evidence which would support their position. Sure, your opponent’s initial reaction may be to denigrate your evidence. But they may not have anything to refute it. It might even be too late for them […]
Sometimes the issues the lawyers and adjusters are discussing are not what is most important to the Applicant. Recently, in a pretty small case, the professionals told me the disagreements were about what had been paid and what was still due. The injured worker told me his biggest concern was that, although he had returned […]
Workers Compensation is one more area where death and taxes must be considered. DEATH Death of an injured worker who has not previously entered into a Compromise & Release for the indemnity part of the claim stops all benefits. Per California Labor Code 4700, “Neither temporary nor permanent disability payments shall be made for any […]