MEDIATION

John Chamberlain Consulting LLC

MEDIATION

UNDER THE LONGSHORE ACT AND ITS EXTENSIONS

I will mediate any cases under the Longshore and Harbor Workers' Compensation Act and its extensions anywhere in the United States and the territories.  I will also mediate, if required, under the Defense Base Act overseas.

My experience with the LHWCA dates back to 1969, under the old Sieracki/Ryan regime before the 1972 amendments.  From 1986 until December 2005 I worked for the Signal Mutual Indemnity Association, Ltd., a group self-insurer.  From December 2005 to December 2010 I worked for the U. S. Department of Labor as Branch Chief of Financial Management, Insurance and Assessments, in the Division of Longshore and Harbor Workers’ Compensation.

My experience with Signal gave me an insight into the difficulties of employers, (as opposed to carriers), both large and small.  The problems of a small business are very different from those of large companies.  It also gave me considerable insight into the difficulties of employees, both in relation to their former employer and with their medical care.  My experience with the Department of Labor also gave me direct experience with the Defense Base Act, and, particularly for overseas workers, with waivers.  I also learned the problems confronting carriers, not merely the claims department, but the compliance departments also.

I am therefore happy to mediate (or, should you so choose, arbitrate) not merely disputes between employees and employers, but also disputes relating to cover and to recovery under excess or reinsurance policies.

I believe that workers’ compensation should be “trouble free” for both employees and employer; and mediation provides a method to resolve disputes without resort to the panoply of formal hearings.  The best outcome of a mediation is a settlement under § 8(i) of the statute, which is adequate and resolves all current issues.

I believe in the “classical approach” to mediation.  Each party sends me separately a confidential outline of their position so that I am aware of what the issues are.  At the mediation each side explains their position.  After that, I caucus with each side separately and move between the two until agreement, (or agreement not to agree), is reached.  I will then produce a memorandum of the agreement.