Is facilitation the new trial?

What are the pros and cons of using facilitation to settle your Michigan workers’ compensation case?

We saw a fascinating article regarding facilitation and how it results in settlement 90 to 95 percent of the time. The author ultimately concludes that facilitation has become the new trial.

Facilitation is an informal hearing where both sides present arguments to a neutral magistrate. Neither party must accept the recommendations of the magistrate but it helps bring each side closer together.

We think facilitation is a great tool for resolving cases. Here are some pros and cons of using facilitation to settle your workers’ compensation case.

Pros

• Each side is expected to negotiate in good-faith and this usually get cases settled.

• Speeds up the court process when a case appears to be stalled.

• Narrows legal and factual issues.

• Can test proofs without fear of losing everything at trial.

• Helps identify defenses not otherwise known or disclosed.

• All parties can attend and be heard.

Cons

• Might get a higher settlement amount just negotiating with the other side.

• Medical and vocational evidence might not yet be fully developed.

• Some magistrates are biased against particular doctors.

• Locks you into a negotiating position too early.

• Magistrates talk with each other and claimants get branded unreasonable or disrespectful.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.

Related information:

Facilitation Process Explained

Photo courtesy of Creative Commons, by North Charleston.

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