Moving the Cheese? Again?

Who moved your cheese?

I am proud of the job the OJCC is doing in bringing service to our customers. There are so many in that description, but in the end this workers' compensation system is about the injured worker and the business for which she or he works. I quote Walt Disney is a figure I sometimes quote in presentations. One of his best is "I only hope that we don't lose sight of one thing - that it was all started by a mouse." Likewise, I hope we can remember that the people of Florida are our responsibility, and I hope we never lose sight of the fact that injured workers' and their employers are the core of our responsibility.

I struggle sometimes with the question "what do you do." I struggle because on any given day I may be working on computer software design or testing, dealing with a customer's issue or problem, writing a report, working on an article, updating a website, listening to someone's suggestion for improvement, dealing with workload distribution, hearing a case, preparing orders, the list goes on. It is hard to encapsulate these varied tasks into a coherent job description. But, one of my key responsibilities is finding ways that we can re-engineer our process to make the workers' compensation litigation system function better.

Unfortunately, to do so, we have to change the way  certain processes work from time to time. That always comes with a certain level of anticipation and sometimes a certain level of anxiety. The fact is that change is hard on people. We are all creatures of habit to some degree, and that routine provides us with familiarity and some modicum of comfort.

We are moving your cheese again in September, although you may have already seen the signs. The way you request and receive information on child support arrearage for Florida residents will change officially September 3, 2013. We put up signs at the WCI conference last week, and provided announcement flyers also. I had the opportunity to talk about the change at several meetings. Essentially, the OJCC is now going to provide one-stop-shopping for arrearage data. 

In the past, attorneys have had to request child support information from the Department of Revenue (DOR), and the counties in which the injured worker resided at time of accident and time of settlement. About a year ago we began a data-sharing agreement with DOR, and last winter we began the process of providing that DOR data to attorneys when requested. After that change, the requests remained multiple, one to the OJCC and one or two to the counties. The benefit of that change, though, is that our provision of DOR information was served through e-JCC. A request by any counsel resulted in information for all counsel. We also saved the state a bundle on postage or fax costs by using our e-service. 

Now we have access to the Circuit and County data as well. Officially beginning September 1, 2013, a single request for child support data to the OJCC will result in an e-served response with information from the DOR and all 67 Florida Counties! One request, one response, one-stop-shopping! The response will be general, providing aggregate totals of support due. This process is designed to put the information in your hands that you need to be able to discuss settlement of a case. Let's face it, information about these totals may be critical to making such a decision. 

If the case settles, you may need more detail, as to specific support case numbers. This might be needed to plan a distribution of the arrearage payback. Some may prefer instead to simply pay the arrearage portion of the settlement to the central depository and allow them to distribute among multiple cases. If you need that data to make the settlement proceed, simply file a request that explains that and asks for the detail that you require. By proceeding in this manner, we can provide the aggregate total or "no record found" information that is needed in the vast majority of cases, and then provide the details only when they are required. 

We will continue to distribute the information through e-JCC, by e-service. This way when one counsel requests, all counsel will receive the reply. Therefore, before you make a request, please look at the docket and see if there is already a recent response upon which you could rely. 

This will save you time and money. No more faxes or stamps to send to the counties and Tallahassee. No more preparation of multiple forms. One request, one response. Of course we cover only the Florida counties, so if the injured worker lived or was injured out of state that information must be accumulated independently of the OJCC.

The information on support will be part of our docket, as we serve it upon you. Therefore, there is no longer a need to include that document in the settlement package you later file. Simply include in your motion, in the arearage paragraph, "the child support arrearage is _________ accoring to the report on the OJCC docket dated ________." Enough said 

On 09.05.13 I got a message about this. A caller asked if the attorneys still need to spell out the distribution of the money between claimant and any child support payee. The short answer is yes. The language you strike is what is marked through here, and what you add in instead is bold underline here, and you leave the remainder of the language that spells out how the proceeds will be distributed: According to the attached information, there is an outstanding child support arrearage of $__________ [If no arrearage, enter "0"].  "The child support arrearage is _________ according to the report on the OJCC docket dated ________."The claimant agrees that the sum of $_________ shall be withheld from the settlement proceeds and paid directly to the proper authorities.  [Statement regarding whether claimant’s attorney or carrier is paying the child support arrearage from settlement.]

This deployment of our new process is the result of a great deal of effort by OJCC staff. I am grateful to so many, but the following should be mentioned: Susan Brown, DOAH IT Director; Stephanie Hayes, OJCC Counsel; Lyna Hickman, Panama City Commission Clerk; Julie Hunsaker, OJCC Clerk; and Jeanette Randall, Pensacola District Commission Clerk. While I am at it, thank you, our customers, for your patience and understanding as we implement this change to your process. I hope you like the cost and time savings of the new process. We are proud to have brought it to you. 

50,000!?!?

The computer is an incredible tool. It is capable of so much, in terms of creating data and gathering it. In this instance, it is the gathering that I find interesting. This blog is produced on a free platform called Googleblogger. It presents these thoughts on the web, and collects data about how that blog is viewed. 

I started writing this blog about about 18 months ago. Initially, the purpose was to provide a distribution point for information on our revised e-JCC platform. We had experienced a fair amount of problem with that 2012 revision. We had changed the way passwords and usernames worked in e-JCC. As usernames, out were bar or adjuster numbers, and in were email addresses. Unfortunately, a fair volume of users did not update their profiles leading up to the change, and found themselves locked-out of the program in the days immediately following the roll-out. 

The success of the Blog in that instance was appreciable, and immediate. We were able to push information on changes and adjustments we were making. We were able to tell users of  solutions and tips, using this internet platform. Since then, we have had more than 50,000 views on this blog. That is approximately 2,800 per month, or roughly 100 per day over the last 17-18 months. 

The scope of the blog has certainly broadened since that time. As the situation with that e-JCC revision settled-down, we received less inquiries on those username issues. In January of 2013, we made another transition to incorporate carrier and servicing agent service by email into our process. There were issues to deal with in that transition also, and again this platform played its role in informing the users of the issues and our solutions. It is likely that this purpose of the blog will continue as we continue to innovate in the design and use of our electronic platforms. 

There will be a blog post next week on the new child support data process we are deploying in September. This innovation will save practitioners time and money when they obtain this critical data at or in anticipation of settlement. Though it will be an improvement in process, it will raise questions and concerns as the marketplace becomes accustomed to it. Keep an eye here for updates and information. 

The downside to this information distribution process has become apparent also. We learned that some organizations block access to much of the internet, due to security and productivity concerns. That is understandable with all of the potential for data-loss that we all hear of so often. To accommodate this, we are working on a "frequently asked questions" addition to our OJCC website as another potential outlet for information. 

The critical point here is that we find ways to get the information out, such that our users are as well informed and empowered as practical. I welcome your suggestions for blog posts. What would make the practice better? What would make our offices more efficient? How can we better serve you?

Much to Learn from the Judicial College this year

I missed the usual publication of this blog yesterday. I try to write each Monday and Wednesday. This week, though, I was at the Fifth Annual National Association of Workers' Compensation Judges (NAWCJ) educational conference, and busy with the many challenges that participating in such a program provides.

The NAWCJ conference is held in conjunction with multiple other programs which accumulate to form the Workers' Compensation Educational Conference (WCEC) in Orlando each August. The NAWCJ program this year included an evidence professor from Mississippi, an ethics presentation by a Federal Judge from Louisiana, and a judicial writing program by an District Court judge from Florida. There was a medical presentation, a view of the bench presentation, and round table discussions of  medical litigation processes and challenges and judicial security. 

The attendees at the NAWCJ included adjudicators from across the country, about 20 jurisdictions. Some traveled from as far away as Washington state. They gathered for the educational opportunities and for the opportunity to hear how their challenges and processes are either similar to, or radically different from, those of other jurisdictions. This intellectual  exchange included formal programming. A multi-jurisdictional panel of adjudicators presented the topic at one of the sessions. Throughout the program, however, I heard many conversations in which attendees informally compared their various jurisdiction's systems, strengths and challenges. 

Also within the conference was a program presented by the Southern Association of Workers' Compensation Administrators (SAWCA). Their focus was a roundtable program specifically focused on the various challenges and successes of state workers' compensation systems. This program presented 22 officials from 17 different states. A three hour discussion ensued, after which many attendees suggested more time was needed to further discuss these diverse issues. 

The differences that come to light in these conversations is enlightening. In the beginning, workers' compensation began in a handful of states. It spread rapidly in the early 20th Century. States tended to borrow parts from other states as they formed their own statutes and codes. There were marked similarities. As a side-note, Richard Sicking noted in his annual Moot Court speech this year that some of those similarities among statutes remain to this day.

However, various states have made amendments to their laws over the last 100 years, and today there are therefore also marked differences. It is intellectually interesting to hear from the adjudicators and administrators as to why those provision of law were changed or adopted over the years. These legislative and procedural "answers" all came from problems, or at least perceived problems or challenges in those various states. 

There was an incredible diversity in these conversations. Subjects included topics about which Florida is fairly comfortable, such as mediation. We have had that process a mandatory portion of our law for almost 20 years. Other jurisdictions at the conference have either recently adopted mediation or are considering doing so. 

Other topics were unfamiliar to Florida, such as the opt-out concept. The Oklahoma opt-out was compared to the Texas opt-out in the SAWCA program.  The conversation also included Administrator and Regulator concerns about medication costs, medical treatment guidelines, and child support arrearage. 

From similarities or differences, there was much to absorb in a short time. I hope that the participants and audiences took home as much from these programs as I did.  

What is an intern?

There was an interesting decision rendered in June, regarding some wage claims filed by film industry "interns." Essentially, the Federal Court concluded that these interns were in fact employees and ordered that they should have been paid just as other employees are paid. The story caught my attention because many government agencies allow students to intern, including the OJCC. It is not an uncommon practice, according to an article in the New York Times, "experts estimate that undergraduates work in more than one million internships a year, an estimated half of which are unpaid."

When the OJCC has interns, they are usually engaged in an academic program, and are usually receiving law school or college credit for their internship work. The interns have done things like shadowing a mediator(s) to see that process, attend hearings, perform legal research, and draft memoranda. It has been a loosely structured relationship. Under the recent ruling, those using unpaid interns will likely be more specific about duties.

It can be difficult as a law student to gain experience in the best of economies. I knew many in my law school class that "volunteered" to gain experience, and the hoped-for recommendation letter. After reading the Court's ruling, I am not certain that kind of opportunity is over, but I am convinced that there are some important rules to keep in mind in the "internship" process.

The Federal Judge rejected the arguments for a "primary benefit test," which would have allowed unpaid internships if the "internship’s benefits to the intern outweigh the benefits to the engaging entity.” The Judge held that the efforts of any unpaid internship" should not be to the immediate advantage of the employer."  In other words, the benefit of an unpaid internship should be to the intern. The Court also rejected the notion that this requirement is satisfied simply because the intern receives academic credit for the internship.

The judge focused, in this case, upon the primary benefit. He noted that the interns did receive benefits from their service, but noted that the benefits were ancillary to their work, and were similar benefits as enjoyed by employees, such as learning the business, gaining resume references, and gaining experience. The Judge found it relevant that interns were performing the same or similar duties as paid employees. In other words, the presence of the interns resulted in less need for paid employees to perform those  same duties. In that regard, the primary benefit of the interns' presence was that the employer could function with less paid employees.

This ruling will likely mean the end of interns as substitutes for regular employees. I am hopeful that it does not mean the end of interns who gain valuable experience in models such as the OJCC has used. There is no tangible benefit to the OJCC when an intern attends trials and mediations. There is no tangible benefit when an intern researches a point of law or writes a memo, because the judge will perform her or his own research in all cases anyway, in addition to reading the intern's memo. If anything, the presence of an intern requires the investment of more time by the Judge and OJCC Staff.

The presence of interns is rewarding. Affording someone a chance to better understand our process, and the practice generally is a great service to the student. This recent ruling reinforces, that it is this benefit to the intern that should control the process. It seems to me a simple question, is the OJCC or other internship provider receiving a tangible benefit? If the answer is no, then the internship is probably acceptable. If the experience for the intern is similar to vocational training, then the internship is more likely to be acceptable. It also appears important that interns not perform functions that would otherwise be performed by paid staff. And, if the student is receiving academic credit that is all the better, though not dispositive.

The marketplace will change. Those who afford internships truly for the benefit of the student will likely continue. Internships afforded to replace the need for paid employees will likely not be offered any longer. It will be interesting to see how many of the estimated one half million annual unpaid internships will disappear from the marketplace following this decision.

The NY Times article is here.

The Judge's Opinion is here.

How would you say it in 125 words or less?

I was privileged to work recently on a slideshow for the Workers' Compensation Institute program next week. The slides will be shown during the morning of August 19, 2013, as attendees find their seats for the opening session of the Workers' Compensation Educational Conference in Orlando. I was humbled as I worked to compile biographies on some of the luminaries of our industry, those who have been inducted into the WCI Hall of Fame.

I was particularly impressed with the "Legends" members of the Hall. These are people who contributed a career to this industry of ours, but who retired over the years. And "Legends" they are. They played roles in the founding of insurance companies, in the inception of self-insurance, in the founding of law firms, in the  beginnings and development of mediation, in the operation of the Industrial Relations Commission and so much more. 

Part of the project involved including a picture of each of the Hall members, both the active and the Legends. Finding pictures from the current Hall members was not too difficult. They are part of the digital generation, whether they embrace it or not. I found pictures of them through the internet. Many had digital photos handy to send me. It is incredible how many photos come up when you search the internet for someone's name. 

Finding photographs for the "Legends" was more difficult. Some of these folks have been retired for more than a few years. Several have passed away. I had the chance to speak with and exchange emails with some children of the Legends, former business partners and associates, and more. They each had something to say about their fathers. Their expressions of gratitude at their father's inclusion were gratifying and likewise humbling. 

A couple we had incredible difficulty with. We owe a debt of gratitude that some folks at The Florida Bar helped us with chasing down the last photo, Dudley Burton.  Here is a man who practiced workers' compensation coast to coast in Florida for fifty years, and we could not find a photo. The Bar had one in their archives from the date of his 50 year recognition, as published in the Bar News. It was a bit grainy. They then reached out to his law school, and through their efforts, we will display a copy of his composite photo from law school graduation next week. 

Another challenge was the biographies. We all keep a current resume or bio around. There is no telling when it will be needed for some program we may present or panel we will serve upon. Some of these run into the double digits in length. But this project was a slide show, intended to be viewed in the biggest conference room of the Marriott World Center. The letters and words had to be large for visibility. The space on each slide was limited. About 100 words, with some tinkering 125. I sent the draft out to the Hall members so that they could each proof their slide. 

This gave them the opportunity to make amendments, to choose what to include and what to discard. After a career of forty years, what would you list in your 125 words? Try it this morning, it is not easy. There are so many achievements, involvements, projects, presentations, organizations. So much in which you are involved, and which you find important and relevant. Try to reduce all of that down to 125 words. If you had only that space to convey who you are professionally, what would you select?

It was a humbling process, I say it again. Hundreds of years of professional achievements and contributions to an amazing volume of organizations. The slides took a lot of work and time, but the work brought me closer to the industry, and to those who have played a critical role in it in Florida. With their editing, I also know better what they think is important about their careers.

Certainly, there are many who deserve recognition in this Hall, and in time they will likely receive it. Understanding the achievements and contributions of so many has added to my perspective on this thing we call workers' compensation. I hope that seeing the slides next week in Orlando will add to yours. After the conference, I am going to find a way to make the show available on the internet.  Stay tuned to this blog for an announcement of how to access it. 

Who knows, maybe someone will find the slide show in coming years when they are looking for one of those elusive pictures?

Time, Time, Time

Sugarland covered a song years ago, Time, Time, Time. They said that they "Never thought I'd slow down I'm glad I finally know now."

I impatiently waited in the drive through the other day. They were slow, though I had ordered a basic menu item. They were not prepared for the volume of business and so there I sat. For six minutes! An entirely intolerable delay. I stewed, I fussed with the radio, and I waited.  Six minutes! 

After I was back on the road, I found myself reflecting n the delay as I happily devoured my breakfast. Is six minutes really that long?  Reflection is good for the soul. I found myself concluding that I was not realistic in my expectation of greater speed. Whose fault was it? I am reluctant to blame myself. In this instance, I will elect instead to blame the establishment. They, after all, are the ones that trained me to expect that I can drive up, order, get my food, and be back on the highway in two or three minutes. 

I spoke at a meeting recently. An attendee told me of concern about the processing of a settlement motion in a district office. The paper work, I was told, had been sitting there for four days. The attendee expressed consternation and surprise at this delay. It was described as "ridiculous." We discussed how most settlement orders are processed in a day, two at the most. Four days! 

It reminded me of a conversation I had some time ago regarding a trial order in a case. The record had been closed for some time, but in my conversation they would not tell me how long. They wanted to prompt an order from the judge, but would not tell me which judge. I made several suggestions. You see, the judges want to get those orders out in a timely manner. I know of their efforts in that regard. I close all of my trials with a prediction of when a final order can be expected, and a request that the parties contact me if they do not receive an order by that prediction. Most of our trial orders across the state are published in under fifteen days, some take a bit longer. 

I was at the annual meeting of The Florida Bar in June. I shared some thoughts with an acquaintance that does not practice worker's compensation. He explained that many days more than 30 may be required for a final order in a contested bench trial in his practice. That said, our statute says 30 days, and we should live up to that absent some circumstance that precludes compliance. 

These various conversations came back to me as I reflected on my exasperation 6 minute wait for my breakfast sandwich, I reconsidered timeliness. Sure, I would hope we could get out settlement orders out within 24 to 48 hours (that is one to two business days). We often do. But expecting that on every case is likely not realistic. Judges and staff take vacations and become ill, just like everyone else. Sure, I would hope that our trial orders get published within 30 days of trial (the vast majority do, see the OJCC Annual Reports), but that is not realistic either. Things can delay those orders.

More important than the timing, I would hope that we get the job done right. I would hope we remain conscious of the statutory parameters,  but that we remain focused on the real goal, getting the job done right. When time is needed to get it right, I hope we take that time. Even if it means that the order comes out a few days after the statutory 30 day period. 

Perhaps we have created the expectation of speed, much as that restaurant has trained me to expect the three minute sandwich (often even quicker). That is not necessarily a bad thing.  Promptness is a blessing in litigation. So when the service is great, say so. when it takes a little longer,  realize that we are doing our best, with diminishing resources, staff turnover, training, and more; but that we are focused on doing a great job for you and your client.

Try to remember how things used to be, "in the good old days," when we would try a case, wait months for an order, and tell our clients "this is just the way it is, we will have to be patient."  I know of lawyers that spent more than a year post-trial trying to be patient as they awaited an order. I know personally of cases where years passed. I know of situations where the years of waiting led to nothing but having to retry the case. These are all in our OJCC history. But, I wager that kind of delay has not happened to you in the Florida OJCC lately. 

Things are relative. I have resolved not to expect my fast food in two minutes, just because they often hand it to me that fast. I am also going to try to remember to compliment them when they do get it that fast. If you get a chance to tell one of our judges or mediators that you noticed something worthy of a compliment, I hope you will do the same. 

Where does it all come from and where is going?

The internet is a staggering force in our society. The "latest" trends in the marketplace of internet usage are social media and mobile access. Each has played a significant role in the increased traffic on the internet. I ran across a new term the other day while refocusing on the needs of the OJCC, the "Zettabyte." This fiscal year, we will need to purchase some hardware to expand our ability to store the PDF images that you send to us every day, not on the scale of the Zettabyte, but it is interesting.

We crossed a milepost in fiscal 2013 (07.01.12 through 06.30.13). For the first time, our annual e-filings exceed one half million PDF images inbound to the OJCC from users, 502,448 to be exact. The incoming e-filing volume grows annually.

Could we have built this system without the internet? Certainly. Before we heard of the internet, we used to dial into servers using our modems, and we shared data. There used to be company (it may still be out there, but I have not heard the tag line in years) whose advertising tag line was "we don't make a lot of the products you buy. We make a lot of the products you buy better." Likewise, we don’t make the internet, but I think we make the internet better. Conversely, the internet did not make electronic filing, but it makes electronic filing better (and easier).

Back to the new term, “Zettabyte.” I went to the internet and searched for this unfamiliar term. The definition is staggering in itself. I remember my first personal computer (PC), with its 256 kilobytes of memory, which I later traded to buy my first PC with a hard drive. It had an absurd volume of storage, a 10 megabyte hard drive (I thought at the time I had overspent on something I would never be able to fill with data). I am writing this blog a few decades later and saving it on a 2 gigabyte memory stick that fits in my pocket, and which is almost full. What a difference a couple of decades make.

What does it all mean? Here are some comparisons from “High Scalability” on the web. One byte is a typewritten character. One kilobyte is about half of a typed page. One thousand kilobytes is a megabyte and that is “a small novel.” One thousand megabytes (remember my second PC had a 10 megabyte hard drive) is a gigabyte, which equates to a “pickup truck filled with paper.” That little memory stick/flash drive I am using will hold two pickup trucks of paper!

One thousand gigabytes is called a “Terabyte” and is the equivalent of 50,000 trees made into paper. As another illustration, 10 Terabytes would hold the entire collection of the U.S. Library of Congress. One thousand Terabytes is called a “Petabyte,” and just two Petabytes would hold “all U.S. academic research libraries.” One thousand Petabytes is one “Exabyte;” five Exabytes would hold “all words ever spoken by human beings” (another computer expert calculated that storing all human words would require much more space, see further below). One thousand Exabytes is a Zettabyte. That is one sextillion (1,000,000,000,000,000,000,000). This is a staggering volume of digital memory.

Why the lesson in digital memory? In 2011, the world created about 1.8 Zettabytes of information. In 2012, it is extimated that the world’s data production was 2.7 Zettabytes, up almost 50% from 2011. The rate is increasing annually, some feel exponentially. And with all that is being created, it has to be stored. And store it we shall!

That does not necessarily mean it is all worth storing, or that it is worth storing forever. The High Scalability folks predict that in just a few years, 2016, internet traffic will be in excess of a zettabyte annually. According to Digital Universe, technologists will continue to work with tools/theories like “deduplication, compression and analysis tools” to reduce the cost of storing all of this information. The very accumulation of data will become a serious focus of our efforts in coming years.

Beyond the PDF images, much of the growth in the world of information storage is coming from platforms just like the one you are reading. Increasingly, people are taking to the blogosphere and expressing their thoughts. This blog is about a page and a half, which is likely only about two kilobytes. Not much of an impact in a Zettabyte world. But, as the volume of bloggers grows, and as the readers add their comments, so increases the volume of information and thought exchanged.We will likely want to question how much of this is worth keeping as well.

In case you made it this far without answering your own question (I know, what comes after Zettabytes?), the next name which we will hear is one thousand Zettabytes, or a Yottabyte (which they say is named after Yoda, of Star Wars fame). There are already terms in place for describing one thousand Yottabytes, one thousand Xenottabytes, one thousand Shilentnobytes, and beyond. The data continues to grow, the pace is increasing, and the implications of all of this information production and storage are simply astounding. And, you are a part of it. Reading this blog encourages me to write more. E-filing your documents adds to the vast accumulation of data.

The power of a phone call

I am a big fan of collegiality. Conversation leads to familiarity and understanding. We may never agree with one another, but we can understand each other despite our disagreement. I was reminded recently of the "old days." I was discussing the efforts of some other jurisdictions, which will make significant efforts in coming months to move their processes toward including mediation. Their stated goals are familiar to me, they believe mediation will result in faster and better resolutions of pending claims. I think they are right. 

I am getting old, I see the signs of it every day. Though I am not one of the workers' compensation "old timers," I remember before we had statutory mandatory mediation in Florida. Much as I hate to be perceived as preaching about "the good old days," I think it is important to remember that mandatory mediation was not always the process in Florida. Implementation of mandatory mediation has undoubtedly been a great benefit over the last 20 years for injured workers and employers alike. It has been many years since I heard anyone seriously advocate that mediation has no place in workers' compensation (though I remember the critics voicing that back in the early 1990s). 

Certainly, there are some who believe that some types of claims  do not need to proceed to mediation. I discussed this in June with an attorney, who lamented the "cost benefit" analysis he believes in, and the cost of mandating mediation on claims that are "minor" and which should be capable of resolution without the cost of attending mediation (I took it that he was focused on time as a cost more than actual money, but in the end time is money so the analysis is the same in all likelihood). I agreed with his comments, generally that not all claims necessarily require a meeting to resolve.

Returning to collegiality, I am reminded of one of the downsides of mediation. I vividly recall an instance early in the mandatory mediation era. I received a petition from opposing counsel, listing multiple issues. I drafted an opinion letter and faxed it (yes, there was no email and if there was I had not heard of it at least) to the adjuster. After a few days, I called to discuss my recommendations with him. I remember that my recommendations involved some issues I thought we should concede, some we might convince claimant to concede and some we might have to litigate at least through some recommended discovery. The adjuster's response? "When is the mediation scheduled." I reiterated how we could deal with some issues immediately, to which the adjuster replied, "remind me at the mediation." 

The mediation process, intended to promote resolutions, in that one instance had become a future event to which decisions could be put-off. See, before we had mediation we had the telephone. When we got a petition or claim, it was common for us to proceed as I describe above. We would talk to the adjuster or employer. We would then talk to opposing counsel about the claims. Often times, we would reach compromises agreeing to provide some benefits, claimant perhaps dismissing some claims or issues. We sometimes resolved every claimed issue in some manner, even fee entitlement and amount. It was amicable and conversational. In the process, the bar became familiar to us all, and we knew each other. 

Mediation is a great process, and it results in resolution of many claims. I think that more jurisdictions will adopt mandatory mediation. Though some may limit the population of claims to which the mandate will apply. Some types of cases may be more amenable to this process, in their respective perspectives. I hope that Florida can serve as a role model in this process, as I think our system and process is efficient and effective. 

I also hope though, that we do not allow anything to deter us from the benefits of a conversation. Email is convenient and is great for documenting things, but a written message is no substitute for a conversation. I hope we will all remember that and pick up the phone. Let's discuss claims and defenses, strengths and weaknesses, needs and wants. If an agreement can be reached before incurring the cost of mediation, so be it, that is a benefit to all involved. 

If an agreement cannot be reached, the cost of having had the conversation is likely minimal, five to ten minutes? If nothing else, it gives us all a chance to say hello, how is your family, what is new, did you read so and so's recent article on such and such? These conversations will build familiarity, collegiality and connect us. The more we are connected as a bar, the more respectful and professional we are likely to act with and to each other.