Our Services

Recent Use of CON/MED in Quantum Claims

03 03 2018

The days of expensive mediation costs may be over. Here is how it works. Our experience involves cases where liability is not in issue. The payment amount is the sticking point. We contact both sides separately to explain the ground rules of CON/MED services and to obtain written authorization to proceed. The CONCILIATION is a series of collaborative structured communication sessions with each side. These communications can be via email, Skype or Facetime calls, or in short meetings. The emerging exchange of information takes on a form of shuttle diplomacy. In quantum claims the parties have usually reached an impasse having already made offers and counter offers. The CON/MED exchange allows for a more detailed disclosure to the facilitator which serves the party to have an opportunity to hear whether their position is reasonably sustainable. Our facilitator is given authorization on what may be shared with the other side. Before follow-up meetings occur, the information being shared is summarized in writing. The written summary becomes a private, and without prejudice record, of the conversation that narrows and focuses the settlement factors. In quantum claims the conciliation process may even involve consideration of expert’s evidence to reduce the difference between the parties. The final stage is the MEDIATION. This is the face to face meeting to address the last hurdles of settlement. By this time the parties are so prepared to mediate, they are focused on ending the process. The success rate of addressing the remaining issues is very high. Allowing for this personal investment of time of the parties in the process, the clients find the mediation is much less stressful and is more conducive to settlement. In some rare instances a focused mediation can also accommodate participation of each side’s experts to help break the impasse. This service has proven to succeed in a wide variety of disputes. Feel free to call us if you think this may work for you.