Podcast
Elliot Herland
The Keys to Success in Mediation | The Defense ...

In this episode of The Defense Never Rests Podcast we are joined by Elliot Herland, a mediator in workers' compensation. Tune in to hear about the keys to a successful mediation as well as his legal journey and the many shifts he has taken in his career.

The Keys to Success in Mediation | The Defense Never Rests Episode 81

Article

What are you looking at?

What are you looking at?

Articles recently shared on LinkedIn and elsewhere, provide many tips for effectively using Zoom to conduct mediation sessions. One tip: Put a Post-it note above the camera so you look at it when communicating with the people on the screen. This is an interesting lesson.

Body language is important when conducting a mediation. Eye contact is vital to understanding it. When you look at a person's face on your Zoom screen you're actually looking up, down or to either side of the screen. You need to look into the camera to make eye contact. That little piece of paper reminds you to do that.

End Of Chain (EOC)

End Of Chain (EOC)

Most of my clients are busy attorneys. They are nice people, but they are busy. We are all polite, but WE ARE ALL BUSY.

If we were talking in person, on the phone, or while using Zoom during an online mediation or meeting, then saying hello, thank you, and other friendly exchanges would be fine. We could end it naturally enough and move on to the next task on our list. No need to say "EOC", which means "end of chain", which translates into "stop sending me email replies because you are taking up my time and I'm a busy attorney with a gazillion more of these emails besides what I have on my desk, in my voice mail and out in my yard!!"

Too old: no. Too smart: nope. Too slow: I hope not...

Too old: no. Too smart: nope. Too slow: I hope not...

For many years I explained the mediation process as a journey. I used Wall Drug as the destination and the bumper sticker as a distraction along the way. I thought it was a great analogy, a clever one, that really helped people understand the process so it would be more clear and less stressful. I thought the analogy would calm people, reduce emotions and build rapport. I thought I was really smart, but I was the one chasing a bumper sticker.

Mediating Mental Illness

Mediating Mental Illness

Thankfully the awareness and acceptance of mental illness has increased in our society. More people are accepting the reality that our workforce has a fair number of people who are dealing with a diagnosis. Hopefully a majority of them are getting the care and support they need to be healthy, productive and, yes, happy individuals. Some of these people get involved in a work injury claim and are introduced to the potentially complex world of workers compensation law.