While there are a number of points of differentiation, a new opinion from the Iowa Court of Appeals again demonstrates the value of settling and getting out early.
I’ve Seen This Before
Employee Heather Blasdell injured her ankle in November
WCMediator Blog
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Remote Video Mediation – What We’ve Learned Since 2020
In October 2000, I created a presentation for CEB (Continuing Education of the Bar) entitled Quelling Fear of Video Mediation. Since then, mediators and participants have become more comfortable and more adept in using video platforms. And we’ve all…
How To Balance the Scales of Justice
We’re all familiar with the symbol: Lady Justice carrying the balance scales. She holds a sword and sometimes is blindfolded to show a lack of prejudice. In most depictions the scales are balanced. She has righted the scale to dispense…
How to Make the Perfect Offer
You know the case should settle. Why won’t the other side agree to your offer? Here are some tips for creating the perfect offer. I’m going to refer to both offers and demands as offers to settle in this article.…
Workers Comp Litigation Guidelines Should Define These Four Settlement Triggers
Civil litigators tend to observe certain guideposts as mediation triggers, such as the closing of discovery, setting of a trial date, or an order from the court to use mediation. Because about 95% of civil cases settle before trial, mediation…
Applying the Scientific Method to Case Resolution
It’s Confidential, So I Can Lie, Right?
An important underlying principle of mediation is that communications made in the course of mediation are not admissible in other civil forums. So, is it okay to make stuff up?
There’s a Rule
California Rule of Professional Conduct 4.1 provides,…
Chatting with ChatGPT
I recently attended a webinar where the speaker stated that as facts emerged in mediation, we would be able on the spot to turn to Artificial Intelligence for a case evaluation.
Uh, no.
Don’t get me wrong. I have test-driven…
Biased? Who, me?
At the Museum of Tolerance in Los Angeles, there are two entrance doors to the exhibits, marked Prejudiced and Unprejudiced.
Try to walk through the Unprejudiced door, and you will find that you can’t. All of us are prejudiced…
Get These Extras Only in Mediation
Sometimes, parties want something they could never get in a courtroom.
Confidentiality
The most common provision in a settlement agreement that you can’t get in a judgment is a promise to keep the terms of the settlement confidential. Court proceedings…