Workers’ Compensation

Ca. Workers' Comp. Quarterly 2017, Vol. 30, No. 4

Ten New Tips from a Mediator for Getting the Best Results in Mediation


Oakland, California

With mediation becoming a more widely used tool in workers’ compensation case resolution, here are some suggestions that will help you get better results and lead to a higher percentage of cases being resolved at mediation. This is a follow-up article to "Eight Quick Tips for Applicants and Defendants to Improve Their Mediations," which appeared in Volume 28, No. 3, of the 2015 Workers’ Compensation Quarterly.

1. Do the Mediation on Neutral Turf Certainly, a mediation can be successful no matter where it takes place, but if the mediation takes place in an advocate’s office, there is a tendency—perhaps unintentional—for more skepticism and reluctance to settle when you are in one side’s office. There is also the potential for distraction, with the temptation to turn to other matters when full attention should be devoted to the mediation. Most mediators can offer satisfactory conference space.

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