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 the case based on the information presented at the mediation. T/F 4. The process of getting everyone to agree to mediation…

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 to free the prisoners of that claim. Keep Everyone Calm By definition, kidnappers are making unreasonable demands. The negotiator’s job is…

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 disagree about the credibility of treaters’ recommendations or the likely cost of future expenses. They might debate the…

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 a U.S. military base or under contract with the U.S. government for public works or national defense Federal Employers Liability…