News

maps Mediators Give Back @ Tulane Law

Once again this year, three maps Mediators serve as Adjunct Professors, along with Professor Gabe Feldman (also a maps mediator), to teach Negotiation & Mediation Advocacy at Tulane Law School. This is a longstanding tradition begun by the dean of mediation Bob Jenks. Bob is again joined by Joe Hassinger & Cherrell Taplin. “It’s an amazing opportunity to contribute to the legal profession,” explained Joe Hassinger. “Iron sharpens iron,” he added, “so we learn and receive as much as we teach and give.”

“We’re delighted to recognize Joe to the Academy’s Louisiana Chapter in recognition of Excellence in his mediation practice,” commented Darren Lee, Executive Director of NADN.

Lambert J. Hassinger Jr. (Joe) has been inducted into the National Academy of Distinguished Neutrals (NADN)

maps is pleased to announce that Lambert J. Hassinger Jr. (Joe) has been inducted into the National Academy of Distinguished Neutrals (NADN).

Joe has litigated, tried, mediated and arbitrated cases in state and federal courts throughout Louisiana for twenty-eight years. Joe is a frequent lecturer on alternative dispute resolution to law firms, and to local and national Bar and industry organizations. Joe teaches mediation and negotiation as an Instructor in the maps mediator training program, CLM Claims College School of Mediation and as an adjunct professor for Tulane Law School’s Negotiation and Mediation Advocacy course.

The National Academy of Distinguished Neutrals is a professional association whose membership consists of ADR professionals distinguished by their hands-on experience in the field of civil and commercial conflict resolution. Membership is by invitation only and all Academy members have been thoroughly reviewed and found to meet stringent practice criteria. Members are amongst the most in-demand neutrals in their respective states, as selected by their peers and approved by local litigators.

“We’re delighted to recognize Joe to the Academy’s Louisiana Chapter in recognition of Excellence in his mediation practice,” commented Darren Lee, Executive Director of NADN.

Joe Hassinger, Distinguished Fellow, International Academy of Mediators

maps Neutral Joe Hassinger has been accepted into the International Academy of Mediators. The IAM is a professional membership organization consisting of the most successful commercial mediators in the world. The IAM is an invitation-only organization that adheres to the highest practice and ethical qualifications. Membership is limited to professional commercial mediators who are well-established and recognized in their local or regional community as leading mediators in the field. The IAM is highly respected for its education programs, which include internationally acclaimed speakers and cutting edge mediation techniques.

Vice Chair of Diversity

Maps Mediator and Arbitrator Elizabeth Haecker Ryan has been asked to serve as the Vice Chair for Diversity of the IADC’s ADR Committee.

The Maritime Leader

Maps Panel member Grady Hurley is well-respected in the maritime community. He has been elected 2nd Vice President of the Maritime Law Association, and has published in the National Law Review on COVID Jones Act remedies. And when the media need a reliable resource, they turn to Grady: https://www.nola.com/news/coronavirus/article_d6c06128-bf9c-11ea-937b-db2c2242f4c6.amp.html

maps supports the American College of Civil Trial Mediators® (ACCTM) and the New York State Bar

In the 2020 NYSBA/ACCTM Student Journal Competition, students submit articles for publication in the Journal. ACCTM members from around the country help judge the competition, and maps is privileged participate in that process.

The American College of Civil Trial Mediators® is a non-profit organization of dispute resolution professionals who are distinguished by their skill and professional commitment to civil trial mediation. Membership is limited to active mediators, program administrators, and academics who have achieved substantial experience in their field as well as professional recognition for their accomplishments. The Fellows of the College are dedicated to improving ethical and professional standards of mediation practice while fostering the growth of alternative dispute resolution systems throughout the country. In fulfilling its mission, the College conducts advanced ADR education programs, supports ADR research, and encourages the growth of ADR systems. In addition, it is a principal objective of the College to publicly recognize those persons making major contributions to the ADR movement nationwide

maps Virtual Mediation Panel of Neutrals

The following mediators have been trained to conduct Virtual Mediation, and are available to assist you right away: Joe Hassinger, Bob Jenks, Mike Moran, Rocky Seydel, Marty Simone, Hal Adkins, Jay McCreary, Steve Rabalis, Kathy Wiedorn, Pete Breslin, Roger Javier, Stephanie Roberts, Tommy Usdin, Marc Amy, Michelle Crosby, Cherrell Taplin, Brad Luminais, Carolyn Gill Jefferson, Harvey Godofsky, Elizabeth Ryan, Glenda Barkate.

Webinar on Virtual Mediation 2.0

Because of the fantastic participation and plethora of questions in our Virtual Mediation Webinar this past Wednesday, we invite you back for our second installment! We will address all of the questions that were posed in our first session, and allocate more time for additional questions. If you missed the first session, be the first to register for the second! (continue reading)

Webinar on Virtual Mediation

Whether by phone, video conference, or a combination of the
two, virtual mediation is a proven tool that allows us to resolve
cases, particularly helpful while we battle the coronavirus (continue reading)

ODR, Trial Continued and Safety Steps

Your clients need, and demand, continuity of service. And we are committed to continuing our service to you – in person, by phone, by video conference – or a combination of all three!! With experienced mediators at the helm, it’s easy and it works (continue reading)

maps Online Dispute Resolution

maps continues its 30+ year record of innovation with its Online Dispute Resolution system! We will not let the coronavirus stop us from resolving cases! While our offices in Metairie and Baton Rouge continue to operate at full strength, you have the option to mediate with us from the comfort of your own office or home.

maps sponsors the 2020 New Orleans Bar Association Bench Bar Conference

Join us at The Grand Hotel March 19-22nd for the NOBA’s 2020 Bench Bar Conference. maps is proud to sponsor this event and others that provide attorneys with excellent professional development and networking opportunities. We hope to see you there!

maps sponsors 2020 Conclave on Diversity

maps is a proud sponsor of the 13th Annual Conclave on Diversity in the Legal Profession – Celebrating 55 years of Civil Rights. For more information about the March 27 event, click here.

maps sponsors the 33rd Annual JBA CLE by the Sea

maps is proud to sponsor the 2020 JBA Bench Bar Conference on April 1-4 at the Beau Rivage! The conference is well-attended by leaders of the Bar and Bench, so we look forward to being there and supporting the JBA!

maps sponsors the 2020 Baton Rouge Bar Association “Bench Bar Spring Break”

maps is proud to sponsor the 2020 Baton Rouge Bar Association “Bench Bar Spring Break” on April 16-18 in Gulf Shores, AL! We look forward to being there and supporting the Baton Rouge Bar!

maps Neutrals Support Tulane Law School Professional Football Negotiation Competition

In January 2020, Tulane hosts the 6th Annual Tulane Pro Football Negotiation Competition, which is the Law School’s employment-contract based ADR competition. The negotiations are between a mock NFL Team and a mock NFL Player Agent. Forty-eight schools from all over the country will attend. maps Neutrals will serve as judges in the competition. “We are excited and privileged to assist Tulane Law School in this excellent endeavor,” explains Joe Hassinger, maps Managing Director. “As the leader in resolution, it is important for maps to share its expertise, and give back to the legal and educational community,” he adds.

Effective Mediation Advocacy

The dynamic between counsel and the Mediator is a key component of effective mediation advocacy. Thus, I thought I would share some valuable insights on that subject as presented by David Hoffman and Boston Law Collaborative, LLC in Mediation: A Practice Guide for Mediators, Lawyers and Other Professionals. Far from an aloof spectator who simply relays demands and offers, the Mediator must be… (continue reading)

10 Tips For Representing Clients In Mediation

Before going to a mediation, the lawyer should know what mediation is and how the process is conducted. Mediation is a dispute resolution process that uses a trained neutral third party – a mediator – to assist the parties in resolving their dispute. Unlike an arbitrator, who has the authority to render a binding decision, the mediator has no power to bind the parties. The function of the mediator is to assist the parties in reaching a settlement…. (continue reading)

Blueprint For Effective ADR

During the 1997 Regular Session of the Louisiana Legislature, the Legislature enacted House Bill No. 2347, the Louisiana Mediation Act (La. R.S. 9:4101 through 4112). The purpose of the Louisiana Mediation Act (the Act) is to provide encouragement and support for the use of mediation to promote settlement of legal disputes. The Act promotes the use of mediation: …. (continue reading)

Breaking News On ERISA

Yesterday morning the United States Supreme rendered a surprising opinion regarding an ERISA plan’s (Plan) right to reimbursement from the plan beneficiary (Beneficiary) upon receipt of settlement or judgment funds in a personal injury case. The ERISA statute authorizes the Plan to file suit “to obtain…appropriate equitable relief…to enforce…the terms of the plan”. 29 U.S.C. §1132(a) (3). Various federal appellate court decisions have split on the issue of whether the Plan could seek reimbursement from “traceable” settlement funds only, or, if the Beneficiary dissipated and/or comingled the funds, the Plan could seek reimbursement from the Beneficiary’s “general assets”…. (continue reading)

Rights Of Recovery With Executive Summary

Under the MSP, 42 U.S.C. § 1395y(b)(2), Medicare is prohibited from paying for accident-related treatment caused by the fault of another person or entity, i.e., a “primary plan.” The only exception to this prohibition on payment concerns Conditional Payments, which are pre-settlement payments made by Medicare that must be reimbursed upon settlement. This reimbursement obligation extends to primary plans and entities that receive payment from primary plans (such as a plaintiff’s counsel)….. (continue reading)

ERISA Equitable Relief

Under the MSP, 42 U.S.C. § 1395y(b)(2), Medicare is prohibited from paying for Yesterday morning the United States Supreme rendered a surprising opinion regarding an ERISA plan’s (Plan) right to reimbursement from the plan beneficiary (Beneficiary) upon receipt of settlement or judgment funds in a personal injury case. The ERISA statute authorizes the Plan to file suit “to obtain…appropriate equitable relief…to enforce…the terms of the plan”. 29 U.S.C. §1132(a) (3). Various federal appellate court decisions have split on the issue of whether the Plan could seek reimbursement from “traceable” settlement funds only, or, if the Beneficiary dissipated and/or comingled the funds, the Plan could seek reimbursement from the Beneficiary’s “general assets”…. (continue reading)

How Parts A, B, C And D Combinations Can Work

Information about Your Coverage

1 – Enrollment in Original Medicare and a prescription drug plan If you’re happy with your current Medicare Prescription Drug Plan and the plan is offered next year, you don’t need to do anything — your coverage will automatically… (continue reading)

How To Manage Your Medicare Set Aside Funds

Medicare’s requirements for properly managing Medicare Set-Aside (MSA) funds are detailed below.If MSA funds are not managed according to these guidelines, Medicare may not pay for any accident related medical expenses until the entire settlement proceeds have been exhausted on medical expenses that are both related to this injury, and Medicare eligible… (continue reading)

Are Medicare Set-Asides Legally Mandated In Personal Injury Settlements?

Are Medicare set-asides (MSAs) legally mandated when settling third-party liability claims? In my opinion — No, MSAs are not legally mandated in third-party liability cases. While properly evaluated MSAs are the method preferred by the Centers for Medicare and Medicaid Services (CMS),1 and the safest for protection of the parties and counsel, there is no authority that they are mandated. To the contrary, the overwhelming evidence is that MSAs are not mandated… (continue reading)

Necessity Of MSAs In Liability Cases

Are Medicare Set Asides (MSAs) legally mandated when settling third-party liability claims? No, MSAs are not legally mandated in third-party liability cases. While properly evaluated MSAs are the method preferred by the Center for Medicare and Medicaid Services (CMS),1 and the safest for protection of the parties and counsel, there is no authority that they are mandated. To the contrary, the overwhelming evidence is that MSAs are not mandated… (continue reading)

Part C Plans – Reimbursement RightsNecessity Of MSAs In Liability Cases

The Medicare Secondary Payer Act (MSP), 42 U.S.C. § 1395y(b)(2), is the source for Medicare’s rights of recovery in third-party liability cases. The MSP provides in relevant part… (continue reading)

Part C Plans – Executive Summary

Under the MSP, 42 U.S.C. § 1395y(b)(2), Medicare is prohibited from paying for accident-related treatment caused by the fault of another person or entity, i.e., a “primary plan.” The only exception to this prohibition on payment concerns Conditional Payments, which are pre-settlement payments made by Medicare that must be reimbursed upon settlement. This reimbursement obligation extends to primary plans and entities that receive payment from primary plans (such as a plaintiff’s counsel)… (continue reading)

Louisiana Collateral Source Rule {LSBA Journal}

Guy walks into a bar and asks, “Why would a mediator be concerned with a substantive subject like collateral source?” Bartender says, “Because the participants think mediators should be treated like mushrooms — kept in the dark and fed manure.” Ba da boom! From that witticism flows this effort… (continue reading)

Louisiana Collateral Source Rule {Full Article}

Guy walks into a bar and asks “Why would a mediator be concerned with a substantive subject like collateral source?” Bartender says, “because the participants think mediators should be treated like mushrooms – kept in the dark and fed manure”. Ba da boom! From that witticism flows this effort… (continue reading)

Questionable Reductions In Liability Medicare Set Asides