To advance liability disputes to their earliest resolution to avoid harmful brand exposure, reduce lawsuit volume and minimize litigation-related costs.
Through our expertise, proven tools and support, we are prepared to handle all your disputes—regardless of exposure, frequency or severity—expertly and efficiently.
With early resolution as our objective, our innovative approach features full-service ADR convening processes, expert mediator selection and highly skilled negotiation services.
We leverage the highest use of client resources, enhance your matter management and protect your brand.
From individual case support to proven, comprehensive programs our customized resolution services strategically reduce pending caseloads, saving you time and money.
- Reduces Litigation Fees and Expenses
- Ends litigation
- Extinguishes the reserve and the threat of excess exposure
- Eliminates or limits harmful discovery that can increase indemnity exposure
- Minimizes disruptions of litigation to the insured’s business
- Early Case Assessment and Resolution Processes
- Pre-Suit Mediation Programs
- Regional Mediation or Settlement days
- Negotiation or Settlement Counsel
- Reduce number of pending lawsuits
- Lower average case cost
- Shorten average claim life
- Shrink volume of new lawsuits
In December 2009 Rose formed ADR Solutions to offer customized design, consulting, negotiation and program management services using mediation to help other businesses manage claims and lawsuits more effectively and reduce their litigation volume and expense.
B. Rose Miller is an accomplished trial attorney as well as a former in-house counsel and claims manager with a track record of using innovative alternative dispute resolution (ADR) methods to significantly reduce litigation, expense and risk for her clients. She has a specialty in early case assessment and the innovative use of ADR tools to proactively manage high volume case inventories and cost-effectively resolve individual, high exposure matters. Through the design and management of novel programs using mediation to resolve pre-suit matters, Rose helped her former company, The Home Depot, significantly reduce their new lawsuit volume and save millions of dollars in avoided litigation costs and reserves.
In December 2009 Rose formed ADR Solutions to offer customized design, consulting, negotiation and program management services using mediation to help other businesses manage claims and lawsuits more effectively and reduce their litigation volume and expense. Partnering with a close network of experienced ADR service providers, ADR Solutions employs a unique “turn-key” mediation convening and execution process that has successfully convened over 90% of matters assigned and resolved over 80% of cases mediated. ADR Solutions’ client list includes several major national retailers, service providers, and product manufacturers facing exposure to claims asserting personal injury from premises liability, transportation-related incidents, property damage/commercial losses and various other categories of disputes, including those presenting catastrophic losses.
Rose is past Chair of the ADR Committee for the Defense Research Institute and is the current membership chair of DRI’s Retail and Hospitality Committee. She is also a member of the National Retail and Restaurant Defense Association.
Rose is a 1992 graduate of the Wake Forest University School of law and received her BS degree from Vanderbilt University. Before founding ADR Solutions, Rose served as Director, General Liability at The Home Depot following nine years in private practice with Atlanta-based Hawkins & Parnell LLC, where she was a partner of the firm.
Early Case Assessment Programs
Triage Settlement of Liability Cases to Shrink Pending Inventories
- Consulting services
- Program design and development
- Early mediation convening
- Project fee or hourly basis
Presuit ADR Programs
Strategically Reduce New Lawsuit Volume
- Expert program design and management
- Highly efficient turn-key convening model
- Expert mediator selection
- Highly leveraged costs
- Services offered on project, per matter and/or fixed fee basis
Settlement Counsel Services
Expert Evaluation and Negotiation of Select Claims.
- Liability and damages assessments
- Skilled advocacy for resolution process
- Expert negotiation services on most difficult exposures
- 90 + percent success rate at convening mediations
- Pre-suit Settlement rates usually exceed 80%
Lawsuit Mediation Days
Advances Cases to Earlier Resolution.
- Greatly reduces all mediation costs
- Highly efficient turn-key convening model
- Strategically reduces litigation volume and expense
- Focuses defense efforts on cases that benefit from litigation
- Fixed fee rates for services
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.
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.
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.
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.