Medicare, Medicaid, and MediCal liens are big news in the legal world because of the enactment of the new law in effect July 1, 2009 regarding defendants notifying Medicare regarding the lien. A new California case ruled on issues that relate to medical liens.
Mediator Jeff has a great blog post on entrapment in mediation. It addresses how people feel that they are trapped into one course of action and can't get out; whether that course of action is continuing with litigation or continuing in a relationship.
Extremely hard conversations are something that everyone dreads. But with a little preparation, anticipation, and emotion, you can handle those difficult conversations.
There is a saying by an unknown author that “anger is one letter short of danger.” This statement has never been more true than in the context of negotiations and mediations. Researchers Kopelman, Rosette, & Thompson, have found that tactics of using negative emotions can clearly be detrimental to negotiations.
Previously, I discussed a tool that takes the difficulty out of scheduling dates for a mediation. That tool was the free computer program whichdateworks.com. Well, like anything in this competitive world, there is another program that helps you with scheduling. That program is When is Good.
Song writer, E. Y. Harburg once said, “Words make you think a thought. Music makes you feel a feeling. A song makes you feel a thought.” Well scientific research has helped to make that quote true. Most of us feel moved when we listen to a good song. In fact, studies have shown that in the dispute context, music can help to make parties more reasonable. But can music change the way we feel about others?
Many times in mediation I have seen negotiations go awry because of prior relationships that the parties or attorneys may have had. These mediations anecdotally demonstrate that how you negotiate today can significantly affect your relationship in the future. This concept was recently reaffirmed in a study conducted by researchers Jared Curhan, of M.I.T., Hillary Elfenbein and Gavin Kilduff of U.C. Berkely.
Have you ever wondered how you can coordinate the schedules of 4 busy attorneys, one busy mediator, and their respective clients and get one date in common?. Well there are several ways. One is to spend hours making calls to all the parties by telephone and getting their dates of availabilities, then compiling a matrix to find out the date is right, then contacting everyone to confirm that the date, and hopefully not repeating and rinsing again because one person’s date now changed. Or on the other hand, you can spend five minutes entering your dates into a calendar scheduling program called “WhichDateWorks” and then sending one email and waiting to get the results.
Negative Ads or Messages Can Do More Harm Than Good — Impact of Positive and Negative Messages on Negotiation and Mediation
There is not a day where you cannot see some type of negative advertisement; and less and less positive political advertisements. But how do those negative and positive ads really fare in the real world. The research shows that negative and positive messages can have a substantial impact on the receiver of the message. This research can also be applied into the everyday negotiations, during mediations, or when presenting arguments to a third party such as a judge or jury.
During most mediation hearings, the process of dispute resolution does not require a significant use of technology except for a whiteboard and coffee, perhaps. However, on several occasions, the mediator and the parties may find that technology can be very useful to the mediation process. Over the years, I have slowly discovered different technological tools that assist both the mediator and the litigants to either arrive at a resolution or to complete the mediation process. This article will address three ways that technology can be used in mediation. It is important to note that these technologies can also be used by lawyers in their practices. This article will briefly address those issues, but the main focus will address how to use these technologies in the mediation process.