Why Is Work Comp Mediation So Hard?

Why do so many advocates stumble when it comes to preparing for mediation? Perhaps the most important thing a lawyer can do to prepare for mediation is to write a brief.

Done properly, the process forces the writer to focus and get ready to negotiate.

But many people do it wrong, mostly by providing irrelevant and obsolete information and not providing the data necessary to evaluate the claim.

This problem is so common that I now instruct parties in my confirmation letter what to include. The brief doesn’t have to be fancy.