EEOC Settlements Last Quarter

Was $7.6 million for near slavery the largest resolution announced by the Equal Employment Opportunity Commission last quarter? No. A strictly enforced medical leave policy cost Lowe’s $8.6 million. A 45-year-old case settles another chapter, plus things that caught my… Continue Reading

Still Time to Talk Before Suing Your Doctor? Oregon Law halts the Statute of Limitations for Some Situations.

Caller:  I think my doctor or hospital committed malpractice. Attorney:  When where you treated, and when did you first think there might be malpractice? Caller:  2014, sometime.  I think July or August. With Oregon’s two-year statute of limitations,* what’s an… Continue Reading

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

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

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

Three mediator tools that I used last week.

Last week, Defendant’s initial counteroffer was about three percent (yes, 3%!) of the plaintiff’s initial offer.  Would the young, first-time plaintiff explode with anger and despair?  Especially after she shared her emotional, painful story for which she blamed defendant? Tool… Continue Reading