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!