Publications

NEW MEDICARE REPORTING AND RECOVERY RIGHTS IN LIABILITY CASES
The Federal Government has created new affirmative duties for beneficiaries, insurers and lawyers to protect Medicare’s interest in liability and other cases. Starting October 1, 2010 insurers and self-insured must report all settlements, judgments and awards of individuals who are either over 65 or under 65 and have received Social Security disability benefits for at least 24 months and perhaps of others who have end stage renal disease. Click here to read entire aricle

MEDICARE & MEDICAID STATE CHILDREN'S HEALTH INSURANCE
Consultant to carriers, third party administrators and self-insured employers provides overview of new Medicare reporting and recovery law. Click here to read entire aricle

MODEL STANDARDS OF CONDUCT FOR MEDIATORS
The Model Standards of Conduct for Mediators was prepared in 1994 by the American Arbitration Association, the American Bar Association’s Section of Dispute Resolution, and the Association for Conflict Resolution. A joint committee consisting of representatives from the same successor organizations revised the Model Standards in 2005. Both the original 1994 version and the 2005 revision have been approved by each participating organization.Click here to read entire aricle

GETTING A SUCCESSFUL RESULT AT MEDIATION
Parties have found that compromise of a dispute avoids the risk and cost of litigation. We have come to learn that it is easier to work out a compromise with the assistance of a qualified neutral. There are ways to increase the probability of success at mediation. Click here to read entire aricle

GETTING YOUR OPPONENT TO MEDIATION
Parties and their attorneys often ponder the question of how to get their opponent(s) committed to the mediation process. One way that involves no loss of face is for one party to contact the mediator. The mediator then contacts the opposing side. Through questioning of and discussions with opposing sides, the mediator may discover specific conditions under which the parties will be willing to negotiate with one another. These conditions might include issues regarding the timing or location of the mediation sessions or may include specific discovery issues that one side needs to resolve prior to coming to the bargaining table. Click here to read entire aricle

MEDIATING EMPLOYMENT CASES
How can parties in employment cases improve their success at mediation? Statistics have shown that only about 50% of employment cases settle at the first mediation session. This number is not representative of settlements at mediation in general. Other types of lawsuits, including personal injury cases and commercial disputes, have much higher resolution rates at the first mediation session. Click here to read entire aricle

THE VALUE OF MEDIATION IN GUARDIANSHIP AND ELDER CARE DECISIONS
There isn't a person who has not personally experienced (or heard of) battles among siblings over the care of their parents. The stories are heartbreaking because they so frequently shatter the family relationship. In the middle of it all, the parent everyone is trying to protect is terribly damaged. Click here to read entire aricle

APOLOGIES & LUNCH
by Sidney K. Kanazawa
Apologies and lunch—two of the most effective tools in dispute resolution—are normally not even on the list of possible litigation tactics. Lawyers and clients alike expect their litigators to be “tough,” “demanding,” and “aggressive.” They don’t expect their advocates to say “sorry” or “do lunch.” In the beginning, I too believed the myth of “lawyer warrior. Click here to read entire aricle

MEDICAL MALPRACTICE: MEDIATION & ARBITRATION
Medical providers, insurance companies and litigants are finding that mediation can be a better solution to their disputes than litigation. Click here to read entire aricle

ASSESSING THE RISK OF DEFENDING CLAIMS INVOLVING PATIENT FALLS
In 2005, the Joint Commission of Accreditation of Hospitals developed several national patient safety goals in order for accredited healthcare organizations to maintain focus on the most critical patient safety issues. One of the 2005 goals was to reduce the risk of patient/resident/client harm resulting from falls. Click here to read entire aricle

THE CODE OF ETHICS FOR ARBITRATORS IN COMMERCIAL DISPUTES
The American Bar Association has adopted standards that dispute resolution professionals should follow in serving as neutral. The following MODEL STANDARDS OF CONDUCT FOR MEDIATORS and THE CODE OF ETHICS FOR ARBITRATORS IN COMMERCIAL DISPUTES is worthwhile reading for anyone considering using an intermediary in his or her civil case. Specific standards have been adopted in California that vary somewhat from the ABA model rules. Parties and neutrals are encourgaged to familiarize themselves with the rules in their own jurisdictions before their mediation or arbitration. Click here to read entire aricle

TAX CONSEQUENCES ASSOCIATED WITH SETTLEMENT
Many parties are of the belief that settlements have no tax consequences. That is not always the case and lawyers should be able to spot tax ramifications issues in their cases and advise the parties before finalizing any settlement. Click here to read entire aricle