Writing a brief is crucial for setting the stage for workers' comp mediation, but many people do it all wrong.

You know that ugly workers' comp case is probably going to settle. Muster your courage to make it happen sooner.

Like the moon, mediation in workers' compensation proceeds in phases. Here’s a primer on what happens when.

A memorandum of understanding (MOU) can be an invaluable, interim tool in mediation in workers' compensation cases.

You can’t share documents or other visuals over the phone, and you can't see the body language cues about how things are going.

Negotiating a workers' comp settlement at a mediation is often better than at the board, but how does that compare with an informal? 

Privacy is a key issue for claims of sexual aggression, and mediation is the most private way to resolve them.

Slicing a dispute into its separate issues allows parties to reach early partial agreement, paving the way for complete resolution.

The best way to start is to start. Don’t be afraid to make the first offer to settle. It establishes a ballpark for settlement.

I participated in many workers' comp mediations before I became a mediator but never saw a conversation with the injured worker.

Like Aaron Burr, injured workers want to be in the room where it happens. Instead, they are frequently shut out of discussions on claims.

Many workers' comp cases are oh-so-close to settling but never get there. A "mediator's proposal" can try to bridge the gap, without risk.

It’s hard to play in the same game on workers' comp when one of you is at Dodger Stadium in L.A. and the other is at Angel Stadium in Anaheim.

Crossover issues are not strictly workers' compensation issues -- which is why they are sometimes overlooked. That omission can be costly.

The benefits printout is the foundation of every workers' comp claim evaluation. Yet, claim expenditures often aren't examined.

Anticipating every permutation is impossible, but every set of instructions should include guidance on when and how to use mediation.

The key question is: How did you get to that number? You can't move toward a settlement in workers' comp without some basic math.

Some workers' comp claims develop a life of their own, and, before you know it, years have gone by. Here is how to get to a resolution.

The resulting confusion can hurt employees and raise costs for employers.

Both sides need to be heard, need vindication and more -- a mediator can sometimes fill those needs in ways that won't happen otherwise.

Just don't call the ACA "Obamacare" with counsel or clients.

Here is a checklist of those issues that can be part of the give and take of negotiations in workers' compensation cases.

Reason No. 11. The mediator can facilitate communication, even when the parties are hostile.

The death of an injured worker may stop all benefits, but there is a way to get the value of those benefits now.

Preparing a brief, even an informal one, gives you a head start with the mediator without tipping your hand to the other side.

For those familiar with its provisions, ACA provides new mechanisms for funding future medical care that can facilitate settlement negotiations.|