In the latest episode of “Workplace Matters,” host Henry Roman and Diana Castrillon were joined by Judge Tom Hedler and mediator Howard Scheiner to discuss the increasing prevalence of motions to enforce mediation agreements in workers’ compensation cases.
This topic has become particularly relevant in the post-COVID era, as the dynamics of mediation have shifted significantly.
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Henry and Diana opened the discussion by acknowledging the surge in motions to enforce
agreements reached in mediation. Judge Hedler noted that there had been a significant increase, attributing it to various factors, including parties regretting their agreements or not fully understanding the implications due to lack of preparation.
One critical point raised was the misconception that informal processes are unimportant.
Both guests emphasized that, although mediation is less formal than court proceedings, it is equally significant.
Howard Scheiner highlighted that many participants, particularly injured workers, often do not treat mediation with the seriousness it deserves when conducted over the phone or via video conference.
The conversation underscored the importance of thorough preparation. Judge Hedler and Howard Scheiner agreed that claimants and defense attorneys must ensure their clients are well-prepared for mediation.
This preparation includes explaining the process and potential outcomes from the outset.
A lack of preparation often results in claimants claiming they did not understand their agreement.
The panelists discussed the benefits of mediation in workers’ compensation cases,
highlighting it as an opportunity for parties to participate actively in the resolution of their disputes.
They stressed that mediation should be treated with the same reverence as a court hearing despite its informal nature.
Properly preparing clients and treating the process with due importance can help reduce the number of motions to enforce.
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The shift to remote mediation has introduced new challenges. Many claimants may need more technical skills or resources to engage in virtual mediation.
The panelists suggested several practical solutions to address these issues. One solution is for claimants to come to their attorney’s office to access the necessary technology and receive support.
Moreover, ensuring clear and thorough communication about the mediation process and agreements via email or text can help bridge the gap.
This includes providing detailed instructions and expectations well in advance and follow-up communications to confirm understanding.
A significant part of the discussion centered around the ethical implications of mediator testimony in motions to enforce.
Howard Scheiner emphasized the importance of maintaining confidentiality, noting that it should only be breached if all parties agree.
Judge Hedler added that there should be a clear understanding of the scope of any waiver of confidentiality to ensure that all parties are aware of the potential consequences.
This clear understanding helps protect the integrity of the mediation process and upholds participants’ trust in it.
The episode highlighted the critical need for thorough preparation and clear communication in mediation processes.
The legal community can help mitigate the rise in motions to enforce by treating mediation with the seriousness it deserves and ensuring all parties are well-prepared.
The discussion also underscored the evolving nature of mediation in the post-COVID world and the importance of adapting to these changes to ensure fair and effective outcomes for all parties involved.
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