Eight Quick Tips For Applicants and Defendants to Improve Your Mediations

Follow these simple suggestions and you will have better success in mediations: AUTHORITY: Defendant should have the person who controls the money present and participating. Not having full settlement authority is the single most important reason mediations do not result in resolution. Applicant should have key advisers such as a spouse or child present as well. Applicant may be called upon to make decisions with profound personal consequences. Having an adviser present helps make the right decision. PAYMENT INFORMATION Defendant should have up-to-date and accurate information about TD (including dates and amounts), PDAs and earnings. If there is a claim... Read More

Have You Mediated a Worker’s Compensation Case? What Are You Waiting For?

If you haven’t yet mediated a worker’s compensation case, perhaps it’s because you’re not sure what to expect. This article acquaints the reader with the fundamentals of the mediation process with a view to increasing use of this valuable case resolution tool. At the outset, it is not uncommon for attorneys to tell me that this is their first worker’s compensation mediation. Though mediation is used in almost all other areas of California law, it remains underutilized in settlement of challenging worker’s compensation cases. While there are different styles and manners of conducting mediations, here I discuss methodology which I... Read More