Claims and Lawsuits
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.
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.
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.
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.
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.
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
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.