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Disability Law
: Pennsylvania Workers' Compensation JournalAn Entertaining Mediation Primer
By Judge Robert Vonada
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Richard H. Ralston has compiled a list of thirty things to say in mediation. It is kind of a list of things not to say, or most accurately, a list of things you will hear yourself say and wish you hadn't. I have heard all but a few of these. I have not heard Statement #5 "They are not negotiating in good faith." Not saying this about a colleague and knowing it won't be said about you is one of the reasons we practice workers' compensation law in Central Pennsylvania. Statement #4 "They are not being realistic." is the way we say it, and we mean they are just missing something.
Take note of Statement #12 "That's the most we're going to pay." and Statement #25 "Let's just cut to the chase, quit playing games and make our best offer." It is highly unlikely either number is the settlement number.
In the end, all of these are about respecting the process and respecting each other. When one of these statements pops up, you will have crossed the line. You will know it. You will waste the next several minutes backpedaling and this will make the opposite impression on your client than the one you intended to make.
Full post as published by Pennsylvania Workers' Compensation Journal on September 24, 2009 (boomark / email).
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