Frequently Asked Questions

Frequent questions regarding claims and lawsuits, pre-suit claims, and lawsuit mediation days.

Claims and Lawsuits

I am concerned my company does not have the volume to make this process cost-effective. How many cases do we need to justify the expense?

Earlier resolution of even one case for an amount at or under your settlement target could justify the mediation expense in our cost-effective pricing model. However, convening several matters in venues where you have the highest exposure either by volume or severity, or where you are paying the most to litigate greatly reduces your per-matter cost. We work with multiple clients facing exposure in the same markets and, where possible, leverage costs among all participants.

How are the mediators chosen?

ADR Solutions partners with established dispute resolution firms like AMCC (www.amccenter.com) to select mediators. All proposed mediators have a track record of success in prior mediations and meet threshold standards of training and industry experience. All mediators are chosen from the geographical market where the cases are pending and in a price range that meets client budgets.

What are the costs?

Costs are tailored to specific client needs and types of cases. Generally, we charge fixed fees for negotiation counsel and client representative services, and variable rates for convening, expert mediator selection and mediator fees that we negotiate for each schedule. By convening multiple matters on the same day or series of days in each venue, we ensure maximum participation at the lowest expense, and enhance the efficiency of your outside counsel resources. Last year, our participation rate exceeded 90 percent and our resolution rate exceeded 72%, resulting in significant net savings in avoided litigation costs for clients.

What if we have in-house counsel or claims managers who would like to attend mediation events? How do they participate in your model?

ADR Solutions provides a customized approach for each client’s mediation needs, including the opportunity to use their own resources whenever preferred. Staffing considerations can be made on a case-by-case basis to suit your needs, preferences and availability. Our pricing model flexibly addresses where and when in the process you may need our services and expertise.
Pre-Suit Claims

We already have an effective claims management program. How can ADR Solutions add value?

Negotiations often impasse because of poor communication and unrealistic expectations. Pre-suit mediation is a particularly great tool to break through these barriers. It provides an opportunity for face-to face interaction in an environment where the parties can openly assess liability and damages without posturing, have their “day in court” and agree to end the dispute. When presented through a skilled mediator, reasonable settlements are far more attractive than delays and costs of litigation, trial, appeal, and the risk of a bad outcome.

Litigation seems unavoidable in a lot of our cases because the Plaintiff’s attorney won’t provide us with what we need to fully evaluate the case. How can this process help in these situations?

We have found that when you offer plaintiffs and their counsel the opportunity to meet in person with an accomplished mediator before the dispute escalates in both cost and acrimony, they will provide what is needed to elicit your best offer at mediation. Settlement is not mandatory, and the parties may need to more fully evaluate their positions, then re-convene negotiations at a later time. While settlement is the primary objective, the process can also identify stumbling blocks to resolution that will greatly shorten litigation and reduce costs.
Lawsuit Mediation Days

We have outside attorneys handling these cases who recommend and schedule mediation when they think the case is ready. Why should we add ADR Solutions to this process?

ADR Solutions strategically convenes mediations when you are at your best bargaining position, controlling future litigation expense as well as case exposure.

Experienced negotiation counsel can step into disputes when needed as advocates of the settlement process, providing a fresh set of eyes to evaluate your exposure. A skilled client representative can enhance negotiations at mediations and help your outside counsel achieve better settlements while saving you time, expense and productivity.