Knowledge Management

KNOWLEDGE MANAGEMENT – CREATING A MEDIATORS LIST Every organization should have a process for creating a collective memory. It’s called knowledge management. Knowledge management preserves team members’ experiences so everyone on that team can access them. This efficiency avoids mistakes and duplication of effort. Still, it is not uncommon for people considering mediation to send […]

Peace on Earth, Good Will to Men

You’re sure to hear this phrase repeatedly in December. What are you doing to make it happen? Most readers of this message are professionals charged with managing disputes. You may spend a considerable amount of time strategizing how to annul the opposing party’s claims. That’s appropriate. It’s your job. But what practically every party involved […]

Mediation Opening Statements

Times have changed. In the past, mediators would open a mediation by asking for opening statements from lawyers for each party. Problem was, though, these were typically so inflammatory that a meeting which was supposed to be about resolution started with animosity. Sometimes one side walked out right then, before the real mediation even started. That’s […]

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 […]