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Lori A. Shipley, JD, CSSC, CMSS
EPS Settlements Group, Inc.
tel (866) 389-1513 
fax (623) 432-0647 


July/August 2016

Happy Summer!   For those of us in Arizona, it has already been a hot one.   I hope that my friends and colleagues who call this oven home have been able to get a little respite from the heat.  I look forward to hearing your stories of where you traveled and how much cooler it was!

This month's newsletter focuses on some tips that will help all of us go a long way toward resolving our cases efficiently, kindly and satisfactorily.  I hope you enjoy them.  Who doesn't like a win-win result?  

Remember to continue to read our newsletters for the latest in settlement ideas, industry news and rate fluctuations.  And finally, don't forget that EPS is always here to help with cases or mediations or to answer your questions.  All you have to do is call!  
In This Issue
Mediation Success
Active Listening
Worker's Compensation Update
Mediation Success
As most of us know, the majority of cases now settle in mediation.   The claims representative typically "drives" that process because they are the person who offers the money.   Regardless of whether you are a seasoned professional at mediation or have yet to attend one, I wanted to share a wonderful video by Kevin Quinley about ways to make mediation a success. In just under 15 minutes, Kevin makes great points about how to prepare, how to conduct yourself and how to give yourself the best shot at getting your case resolved.   I especially like Kevin's warning about the following three mistakes that have nothing to do with the facts, but can quickly derail the mediation:

1.  Calling the opponent by the wrong name - it seems like an honest mistake, right?  But it can offend the other party and result in a wall that can be difficult to break down;

2.  Lack of empathy - Kevin stresses that one should always attend a mediation with an EQ (emotional intelligence quotient) in mind.  Even if you disagree on liability or damages, you can still be empathetic to the injured party's situation.

3.  Bluster in the opening moments.  This goes along with EQ.  Even if you think the case is a winner from your point of view, saying it out loud with a negative attitude at the start will likely stall any progress that could be made.

I recommend everyone take 15 minutes to watch Kevin's video.  He makes some great points.  Click here to watch the video
Active Listening
Whether you're at a round table discussing cases, listening to an attorney talk about his case or at mediation trying to get a case resolved, one of the best skills to have is active listening.   

Dianne Schilling wrote a fantastic article in Forbes on the benefits of active listening and how it can really add to great results in business or in your personal life.   I encourage you to read the whole article, but if you just want a quick summary of Dianne's tips, here they are:

Step 1: Face the speaker and maintain eye contact.
Step 2: Be attentive, but relaxed.
Step 3: Keep an open mind.
Step 4: Listen to the words and try to picture what the speaker is saying.
Step 5:  Don't interrupt and don't impose your "solutions."
Step 6:  Wait for the speaker to pause to ask clarifying questions.
Step 7:  Ask questions only to ensure understanding.
Step 8:  Try to feel what the speaker is feeling.
Step 9:  Give the speaker regular feedback.
Step 10: Pay attention to what isn't said - to nonverbal cues.


These might seem like simple steps, but becoming aware of them - and even reviewing them before a meeting or mediation - helps us all to communicate more effectively!   Read the whole article here.
Worker's Compensation Update
On June 8, 2016, Medicare posted a statement on the Coordinator of Benefits page of its website stating that it is considering expanding its voluntary Medicare Set-Aside Arrangements (MSA) amount review process. The expansion would include the review of proposed liability insurance (including self-insurance) and no-fault insurance MSA amounts. The website states "CMS plans to work closely with the stakeholder community to identify how best to implement this potential expansion. CMS will provide future announcements of the proposal and expects to schedule town hall  meetings later this year. Please continue to monitor this website for additional updates."  The website referred to can be found at What's New In Medicare.

Keep in mind Medicare is only considering  this change at present.  There is no requirement that MSA's be done in liability cases (or worker's compensation cases for that matter) and CMS will not approve a liability MSA at this time.

Is the Medicare/MSA issue confusing to you as it relates to settlement?  It needn't be.   I was fortunate to recently obtain my CMSS certification.  What does that mean?   CMSS stands for Certified Medicare Settlement Specialist and after taking a grueling final exam to get the certification, I should be able to answer the bulk of your questions.  If I can't, I certainly can find the answers for you.  Just give me a call or shoot me an email.
 
EPS Settlements Group is a company that prides itself on innovation, longevity, service and leadership in the structured settlement industry. As early pioneers in the industry, we have helped thousands of injured people achieve stability in their lives through the use of a structured settlement. We consider ourselves an integral part of the settlement process and look forward to helping all parties resolve their cases creatively and in such a way that ensures financial security to the injured party well into the future.  Call us today for more information!
 
Respectfully,

Lori Shipley
EPS Settlements Group
866-389-1513

Your Settlement Advisor
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