201509.11
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Mediation Submissions: 5 Tips for Success

There are times when an attorney, preparing for an upcoming mediation, contacts the mediator to find out what the mediation submission should contain. Mediators like this question, because most do have preferences, and there is nothing worse than wading through a confusing or incomplete submittal. Not surprisingly, a poorly written and unorganized brief affects the…

201508.19
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Advantages of Mediation

Pacific ADR’s TOP 5 reasons to recommend mediation:  Speed. Prosecuting or defending a civil lawsuit is slow, expensive and unpredictable. Delay often occurs because criminal cases receive priority (via Constitutional requirements) and because certain jurisdictions have too few judges. Mediation, however, can be scheduled quickly, especially when the disputing parties genuinely wish to resolve their…

201508.05
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Mediation to the Rescue

When Sweet Briar College in Virginia announced it would close at the end of summer, its committed alumnae mounted a legal challenge to save the all-women’s private school. Sweet Briar, like many small, liberal arts colleges in rural areas, has struggled to stay afloat for years. As noted in The Wall Street Journal, Sweet Briar…

201507.29
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Don’t Miss the Boat When Mediating Post-Settlement Medicare Set-Asides

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…

201507.23
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A Better Understanding of HIPAA

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…