by Landon Lackey, Esq.

A consultant for the state produced a set of recommendations to improve the current work comp laws.* Part of those recommendations deal with Tennessee’s unique system for adjudicating work comp claims whereby the Department of Labor has primary jurisdiction over temporary benefits, but the trial courts have primary jurisdiction over permanent benefits. This can cause some undesirable situations because if the parties don’t come to a settlement of the permanent benefits at a mandatory mediation conducted by the Department, then they get their ticket to the court system punched and it results in a literal “race to the courthouse.”

by David L. Schneider, Esq.

I have been a workers’ compensation mediator for almost fifteen years. I am certified by my State’s Supreme Court to perform civil mediations, and have been since 2003, the first year mediators became eligible for certification. Later, when an Appellate mediation program was instituted, I was certified to perform mediations before the Court of Appeals. I am currently employed by a state agency as a staff mediator and I provide free mediation to all litigants in workers’ compensation claims. Unfortunately, despite those qualifications and experience, a settlement rate of about 90%, I simply don’t perform enough mediations. Private mediators tell me much the same thing. That is, they simply cannot find enough mediation business to sustain a practice.

The question raised is why in a society as disputatious as ours, aren’t more conflicts being resolved through mediation?

by Lydia Quarles, Esq.

Be prepared, be prepared, and be prepared!

Mediators are under a duty to prepare for a mediation just as they would for litigation.

The key to a successful mediation is in the preparation. Being well prepared for mediation does not mean simply calendaring the date, sending a brief and telling your client when and where. There are a number of different aspects to successful mediation preparation.

by William Burns, Esq.

The Rule

R.P.C. 4.3. Dealing with Unrepresented Persons

In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to the unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

7 Dos and Don'ts When Negotiating With A Pro-Se Tenant In Court

1. Remember, parties who have been given limited representation by another lawyer are consider pro-se and Rule 4.3 applies to them.

by Philip J. Glick

Suppose a litigation.

The parties want it and are willing to pay for it.  They may win or may lose, but generally there is some emotional component that demands justice at all costs.  Of course, the cost may get really high in comparison to the value of the case, but “I’ll show the other side a thing or two”.