RESOLVE YOUR CALIFORNIA WORKERS COMPENSATION ISSUE FAST BY MEDIATION
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Mediation of Workers Compensation claims is still pretty new in California. Here's why it's a good idea. Learn more at www.WCMediator.com
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RESOLVE YOUR CALIFORNIA WORKERS COMPENSATION ISSUE FAST BY MEDIATION
- 1. RESOLVE YOUR CALIFORNIA WORKERS COMPENSATION ISSUE FAST BY MEDIATION (c) Teddy Snyder 2013
- 2. Teddy Snyder mediates Workers Compensation cases throughout California. An attorney since 1977, she has concentrated on claim settlement for over 19 years. Teddy was in the first group LEXIS-NEXIS named as notable persons in Workers Compensation in 2008. She is a nationally recognized expert on Medicare Secondary payer issues, having written and spoken extensively on the subject.
- 3. I keep six honest serving-men (They taught me all I knew); Their names are What and Why and When And How and Where and Who. Rudyard Kipling
- 4. WHAT IS MEDIATION? A voluntary meeting where a neutral person, the mediator chosen by the parties, helps the parties communicate to resolve their disputes
- 5. WHICH CLAIMS ARE GOOD MEDIATION CANDIDATES? CLAIMS WHERE THE PARTIES ARE CONSIDERING A COMPROMISE & RELEASE CLAIMS WHERE THE APPLICANT IS PERMANENT & STATIONERY Earlier is better than later Partial resolution is better than no resolution
- 6. WHICH CLAIMS ARE GOOD MEDIATION CANDIDATES? OLDER CLAIMS CLAIMS WHERE THE PRESENCEOF A NEUTRAL WOULD BE HELPFUL “Other side is unreasonable” IN PRO PER CLAIMS WHERE THE PARTIES WANT TO PRESERVE A RELATIONSHIP
- 7. WHY WOULD AN EMPLOYER CLOSE CLAIMS? • UNCERTAINTY OF OUTCOME • “STOP THE BLEED” • INFLATION RISK • MORTALITY RISK • CLOSE RESERVE • RECOVER BONDING EXPENSE • COST OF ADMINISTRATION
- 8. WHY WOULD AN APPLICANT CLOSE A CLAIM? • UNCERTAINTY OF OUTCOME • CONTROL OF MEDICAL TREATMENT • NEED FOR CASH • GET ON WITH LIFE • LEAVE AN ESTATE
- 9. WHEN? THE PARTIES CHOOSE THE TIME, DATE, AND DURATION OF THE MEDIATION No waiting for court calendars No frustration with too little time to air the issues No wasted WCAB Appearances You can mediate pending appeal or reconsideration
- 10. WHERE? AT A PRIVATE LOCATION– NOT AT THE WCAB TYPICALLY AT ONE OF THE ATTORNEY’S OFFICES WHO HAS ADEQUATE SPACE ALTERNATE CHOICES: PUBLIC CONFERENCE ROOMS SUCH AS A COURT REPORTER’S OFFICE OR EXECUTIVE SUITE
- 11. PRELIMINARIES AGREEMENT TO MEDIATE Financial Arrangements ACKNOWLEDGEMENT OF CONFIDENTIALITY
- 12. WHO SHOULD BE IN THE MEETING? The decision-makers, their representatives, other necessary experts or support persons
- 13. DEFINING THE ISSUES PRE-MEDIATION PARTIES’ BRIEFS OPENING SESSION THROUGHOUT THE MEDIATION
- 14. HOW DOES IT WORK? PRE-MEDIATION COMMUNICATION USUALLY, THERE IS AN OPENING SESSION SPLIT INTO CAUCUSES, SEPARATE ROOMS Confidentiality, Candor SHUTTLE DIPLOMACY Mediator can shape the conversation, be the best person to deliver bad news MAY RE-CONVENE FOR e.g., CLARIFICATION, BRAINSTORMING
- 16. WHO MAKES THE DECISIONS? THE PARTIES
- 17. WHAT HAPPENS NEXT? MEMORANDUM OF UNDERSTANDING/STIPULATION WCAB APPROVAL AS NECESSARY MEDIATOR MAY FOLLOW UP WITH PARTIES IF FURTHER DIALOGUE MAY BE HELPFUL
- 18. WHAT DOESN’T HAPPEN EVIDENCE CREATED SOLELY FOR MEDIATION IS NOT ADMISSIBLE MEDIATOR CANNOT BE SUBPOENAED
- 19. STUDIES SHOW PARTIES ARE MORE SATISFIED WITH A MEDIATED RESULT THAN A COURT RULING
- 20. TEDDY SNYDER WCMediator.com 310/889-8165 TSnyder@WCMediator.com No charge to start the discussion!