Oregon Court Rules Private Attorney-Client Talk is not “Mediation Communications.”

Mediation communications are confidential; we know that.  One may not use mediation communications in a later proceeding.  What if attorney gave client bad advice during mediation?  May the attorney use mediation confidentiality to torpedo client’s legal malpractice claim?  Oregon’s Supreme… Continue Reading

Oregon Patient Safety Commission Reports on Early Discussion and Resolution

Oregon’s Patient Safety Commission issued its first annual report on the Early Discussion and Resolution (EDR) of serious adverse events. This post hits the highlights. What is it, again? “Serious adverse event” is an “unanticipated consequence of patient care that… Continue Reading

EEOC Resolutions Last Quarter

Must employer accommodate a religious belief that its biometric time clock is a “Mark of the Beast?” May employee obtain a temporary restraining order against imminent termination? Under what circumstances can criminal background checks constitute discrimination? Answers to these questions… Continue Reading

First Quarter EEOC Settlements.

Accommodating Rastafarian hair, overly broad medical inquiries, and the continued use of the “N-word” are among the items that caught my eye in EEOC news releases. This post highlights what interested me and then summarizes all settlements announced during the… Continue Reading

Motivational Interviewing: a Mediator Tool to Help Ambivalent Parties

The parties are close, but both resist one final move. That is the predictable third impasse in many mediations. Some people resist because of stubbornness and others because of ambivalence. Mediators can borrow concepts from Motivational Interviewing to help ambivalent… Continue Reading

EEOC Resolutions for 3rd Quarter

Hostile “huddles?” Slavery in paradise?  Employer website photos evidence discrimination? Severance agreements discourage EEOC complaints?   These cases caught my eye during my review of the EEOC resolutions announced in the Third Quarter of 2014.  Blurbs on them and a… Continue Reading

EEOC Resolutions Announced During the Second Quarter

A lewd customer, combined with management’s failure to respond appropriately to employee complaints about him, cost Oregon retailer Fred Meyer $487,500 to settle sexual harassment charges.  That story, generalized anxiety disorder as a disability, and more, as I recap EEOC… Continue Reading

Early Discussion and Resolution of Adverse Health Care Incidents in Oregon

Today, Oregon’s new law for the Resolution of Adverse Health Care Incidents becomes operational. Here are the top ten things to know about it: [11.]   I’m certified as a mediator for the program with the Oregon Patient Safety Commission. 10.… Continue Reading