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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
(c) Teddy Snyder 2013
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.
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
WHAT IS MEDIATION?
A voluntary meeting where a neutral person,
the mediator chosen by the parties,
helps the parties communicate to resolve their disputes
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
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
WHY WOULD AN EMPLOYER CLOSE CLAIMS?
• UNCERTAINTY OF OUTCOME • “STOP THE BLEED” • INFLATION RISK • MORTALITY RISK • CLOSE RESERVE • RECOVER BONDING EXPENSE • COST OF ADMINISTRATION
WHY WOULD AN APPLICANT CLOSE A CLAIM? • UNCERTAINTY OF OUTCOME • CONTROL OF MEDICAL TREATMENT • NEED FOR CASH • GET ON WITH LIFE • LEAVE AN ESTATE
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
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
PRELIMINARIES
AGREEMENT TO MEDIATE Financial Arrangements
ACKNOWLEDGEMENT OF CONFIDENTIALITY
WHO SHOULD BE IN THE MEETING?
The decision-makers, their representatives, other necessary experts or support persons
DEFINING THE ISSUES PRE-MEDIATION PARTIES’ BRIEFS OPENING SESSION THROUGHOUT THE MEDIATION
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
MEDIATOR’S PROPOSAL
WHO MAKES THE DECISIONS?
THE PARTIES
WHAT HAPPENS NEXT?
MEMORANDUM OF UNDERSTANDING/STIPULATION
WCAB APPROVAL AS NECESSARY
MEDIATOR MAY FOLLOW UP WITH PARTIES IF FURTHER DIALOGUE MAY BE HELPFUL
WHAT DOESN’T HAPPEN
EVIDENCE CREATED SOLELY FOR MEDIATION IS NOT ADMISSIBLE
MEDIATOR CANNOT BE SUBPOENAED
STUDIES SHOW PARTIES ARE MORE SATISFIED WITH A MEDIATED RESULT THAN A COURT RULING
TEDDY SNYDER
WCMediator.com
310/889-8165
TSnyder@WCMediator.com
No charge to start the discussion!
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