Start With Story
Often, we begin a mediation by asking the injured worker to tell us about their accident.
Before they start to speak, sometimes, someone else in the room says, “We’ve already talked about the accident.”
While we respectfully acknowledge folks’ attention to time and redundancy, we still urge the injured worker to tell us their story.
In their own words.
From their perspective.
On their own time.
Sure, we may have many documents detailing the accident, and we may already know most of the facts about the case. However, what we don’t know when we walk into the room and meet the injured worker for the first time, is their story.
And we know their story matters.
It matters because understanding what their accident did to their lives and the lives of their loved ones, not only acknowledges their humanity, but it gives us critical information about the resolution of their case. We ask about and listen to people’s stories because it’s the right thing to do, and also because it is how we effectively resolve over 90% of the cases we mediate: we care.
When we listen to folks’ stories, these are the things we hear:
“I was about to put my first kid in college.”
“My wife had to go back to work while I stayed home.”
“I felt like I lost my friends because I didn’t see my co-workers anymore and no one called to check on me.”
“I couldn't afford my night school classes anymore.”
“My husband and I drifted apart.”
“This is the first time I haven’t worked since I was 15.”
These are the stories of injured workers. And often, these are the details of their accident that they never get to share with anyone except their family while their case is open. As mediators, our interests lie in delivering the desired outcome all parties who come to a mediation want: closure.
After years of experience, we know that to be heard and understood is often the first step in an injured worker’s process of choosing closure and resolution. But everyone likes to feel heard and understood, not just in the mediation room. When is the last time you told your story? When is the last time you asked someone for theirs?