Six Biggest Mediation Misconceptions
The Mediator might rule against me.
If I go to mediation, I will have to give up something.
We look like push-overs by suggesting mediation.
The Mediator might rule against me.
There’s a lot more to the Affordable Care Act than buying private health insurance through an exchange marketplace like www.CoveredCA.com.
Four kinds of public benefits can help people get the medical care they need:
These types of benefits are frequently confused, especially because the names are so similar. For optimal settlement of a Workers Compensation case, you need to know the injured worker’s eligibility for these plans.
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 to modified duty, the employer had told him there was no more work for someone with his disability. The injured worker was terrified that he would be out of a job with no ability to get another one, but that is not what the lawyers were discussing.
Many times, the injured worker’s biggest issue is not one that is dispositive of any issue in the case, but, in fact, is the driver for the injured worker’s decisions– the proverbial elephant in the room the negotiators are trying to ignore.
Because these are often personal matters, the injured worker may not share these concerns with the employer’s side– or even the injured worker’s own lawyer.
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“AFFORDABLE CARE ACT”
NOT “OBAMACARE”
The term “Obamacare” is a nickname for the Affordable Care Act. But sometimes politics can get in the way of clear thinking.
The Affordable Care Act encompasses much more than the purchase of private health insurance on an exchange like Covered California, www.CoveredCA.com. When discussing settlement with counsel and clients, talk about using “The Affordable Care Act” to avoid the emotions the term “Obamacare” triggers.
Make sure you mediate with someone who understands all the options for replacing medical benefits in our new healthcare environment.