Category Archives: Liens

Liens

One of the biggest obstacles in mediation of personal injury cases is the presence of medical and other liens. These can be health insurance, Medicare, Medicaid, workers’ compensation, insurance med pay and PIP, to name a few. Talking to the lien holders in advance can be critical to getting a case settled in mediation. Sometimes cases go out unresolved that would have been settled if the attorneys had contacted lien holders in advance and determined what they could settle for, or at least had someone available by phone at the mediation. Often these cases can be resolved with follow up phone calls, but court mediators do not always perform this service, and are under no obligation to do so. The private mediator will assist with this but may have to charge for his or her time. Continue reading