Data-driven dispute resolution made human.TM
We are transforming how mediations are conducted, resulting in more effective, timely and satisfying results.
Too often, mediations are conducted the same way they have been for decades. The mediator – typically a former judge – will talk to both parties, review the parties’ mediation briefs and then engage in “shuttle negotiation,” working between two rooms to resolve the case, a process often lasting late into the night. This laborious process may result in a settlement, but often key metrics and factors are not considered by the mediator, the parties and/or their counsel.
How have we transformed this process?
ADResolve relies heavily on data concerning the key metrics of a case or potential claim to educate the parties as to the costs, burden, risks and potential outcomes. Much of this information has been available, but has not – until now – been effectively synthesized with case assessment, mediation and settlement in mind. Instead of preparing costly mediation briefs, participants are initially asked to complete questionnaires concerning their claims and participate in a video conference with a mediator.
Based on data analytics, the mediator makes a presentation to the parties describing (1) the relevant factors and metrics raised by the claims asserted; (2) case scenarios describing potential outcomes – both positive and negative; and (3) his or her assessment of the case and range of outcomes. After this presentation, the parties can elect a full-day mediation session (in person or by video), and/or a series of video sessions. These steps are driven by the data framework provided by ADResolve, resulting in faster, more focused, more efficient and less costly settlements.
If you are an employer or attorney with a challenging employment-related transaction or dispute, please reach out directly to Connie Bertram, Managing Partner of Bertram LLP, at cbertram@bertramllp.com, to discuss the options offered through the ADResolve mediation program.