In certain cases, waiting until mediation to discuss future medical treatment for Medicare beneficiaries will significantly delay and possibly prevent any possibility of settlement. In workers’ compensation cases where the plaintiff/claimant is a Medicare beneficiary or reasonably expects to become a Medicare beneficiary within 30 months of settlement, certain steps must be taken to protect…

The Health Insurance Portability and Accountability Act—commonly known as HIPAA—is designed to protect patient privacy. But as reported in The New York Times, HIPAA is not well understood and is often misapplied. The Times reported several striking examples of the misapplication of HIPAA: A woman, sitting in a hospital café discussing her terminally ill husband’s…

As the Presidential election approaches, and the debate over immigration reform continues to take center stage, The Seattle Times reported last week that a King County jury awarded $2.6 million to a carpenter who was in this country illegally. The verdict came down after a 13-year legal battle over whether a person who is in…

As the saying goes, “good fences make good neighbors.” But what happens when your neighbor disagrees with you about where the fence should be? Often, the result is a lengthy, bitter dispute that can reduce the size of your land or make your property impossible to sell. These disputes also can quickly escalate, even resulting…

Employment-related disputes often involve emotionally charged, incendiary interpersonal conflicts. As a result, employment conflicts should be resolved as quickly as possible, especially when an employee wants to retain his or her employment with the employer. Even in cases where an employee is leaving the company, whether voluntarily or involuntarily, mediation provides a forum for the…