Logo
  • Email
  • LinkedIn
  • RSS
  • Twitter



This website is authored by Lester Levy, Esq.
a founding member of JAMS.

  • About
    • About Lester Levy
  • The Basics of Environmental Mediation
    • What types of Environmental Cases can be mediated?
    • The Benefits of Environmental Mediation
    • The Environmental Mediation Process
    • Insurance Company Involvement
    • The Mediation Outcome
  • Case Studies
    • Case Study 1: Objectivity as Resolution Tool Provided Through A Neutral Expert
    • Case Study 2: Working Together
    • Case Study 3: Swift, Fair and Efficient: Awarding Compensation to Toxic Tort Victims
    • Case Study 4: Sequenced Regulatory and Insurance Negotiations
    • Case Study 5: How Communication Both Causes and Ends Conflict
  • Blog
  • In the News
  • Contact
You are here: Home / Process / Using ADR to Manage Compensation Schemes with Mass Claimants

Using ADR to Manage Compensation Schemes with Mass Claimants

February 16, 2016 by Lester Levy 1 Comment

Compensation Schemes with Mass ClaimantsRecent decades have seen a dramatic rise in the use of Alternative Dispute Resolution (ADR) proceedings as a means to evaluate claims and compensate qualified parties in a mass claims settings.  These cases can arise from settlements in class or mass actions filed in court or as government-originated programs designed to compensate victims of a military or environmental disaster.

Some examples that I have handled include the settlement and distribution of over $2 billion to low income farmers alleging discriminatory lending practices by the USDA; the distribution of relief to several hundred thousand claimants alleging wage and hour claims against another US governmental agency; the settlement and distribution of compensation to millions of claimants alleging wrongful conduct by a national credit card provider; the review and determination of compensation to class members alleging defective products in a variety of industries; and, of course, the distribution of settlement benefits to thousands people alleging harm from environmental releases into the air, surface- and ground- waters.

While these processes have proven to be very effective in achieving the efficient review and fair payment of claims arising from the same event or a similar type of harm, for the process to be successful, the clients seeking compensation must understand the process and what is expected of them.  Transparency is critical to engender trust.  Trust, in part, depends upon the design and implementation of procedural safeguards.

I will outline a few key considerations:

There must be consistency in decision-making.  Like claims must be decided alike.  Claims decided on day one must be handled in the same manner as those decided on the last day.  This requires clear and practical procedures, including those governing the preparation, transmission and review of whatever materials must be submitted for each claim filed.

There must be uniform standards of review and decision, which requires both adequate training and constant quality assurance monitoring of those involved in the process.

Form follows function.  Each process should be designed specifically to meet the needs of the particular situation.  There are numerous decisional formats that post-settlement proceedings can take. Some variables to consider include:

(1) whether the settlement funds or other consideration to be distributed are from a fixed fund or are to be paid on a rolling basis (with no cap);

(2) whether the amount[s] of the potential awards will be determined in advance or will be left to the discretion of the evaluator[s];

(3) whether the decisions will be based solely on written submissions or whether there will be abbreviated hearings;

(4) whether the process will be an adversary one where non-submitting parties will be permitted to oppose or otherwise comment on submissions;

(5) what information or elements of proof will be required to support an award in this process;

(6) what should the submitted claim look like and ask for;

(7) who will the decision-makers be – lawyers, judges, others with particular substantive expertise;

(8) how will claimants be notified of the decision on their claim;

(9) timing considerations – when will the claim submission period start and end;

(10) whether there should be an “appellate” process for the review and correction of certain awards.

Expect the unexpected. These often are huge undertakings.  Despite the best planning, unanticipated issues inevitably will arise during the process that will require attention.  Flexibility to amend the process to address these needs is vital.

As I mentioned above, the process must be clear, open and understood by all so that everyone involved had confidence in its fairness.  Claimants must know what is expected of them, what the process will entail and believe that each claim will be decided on its own merit under the applicable standards.

(more to come on this issue in future blogs . . . )

Share this:

  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to email a link to a friend (Opens in new window) Email

Related

Filed Under: Process Tagged With: alternative dispute resolution, class actions, compensation, environmental clean up, mediation, mediation process, settlement

inter-generational-theft-Brexit-climate-change

The inter-generational theft of Brexit and climate change

In last week’s Brexit vote results, there was a tremendous divide between age groups. 73% of voters under the age of 25 voted to remain in the EU, while about 58% over the age of 45 voted to leave. This generational gap is among the many parallels … Read More...

drinking-water-regulation

Our Drinking Water Regulation Is So Weak Even Flint’s Water Got A Pass

WASHINGTON — Federal drinking water rules are so relaxed that not even the city of Flint, Michigan, has been cited for a violation, even though many Flint residents have been relying on bottled water for drinking and cooking since last year. The … Read More...

Environmental Mediation: A New Paradigm for Resolving Multi-Party Disputes

Some of you may already have seen a copy of my new ebook, in which I propose a new paradigm for resolving complex, multi-party environmental disputes. It relies on mediation -- not as it has been compromised and incorporated into standard litigation … Read More...

Trackbacks

  1. Negotiating Toxic Tort and Environmental Settlements - Environmental ADR says:
    April 18, 2016 at 3:39 pm

    […] when it comes to resolving more substantial or outlier claims.  But as I have written in previous blog posts, introducing the concept of tiers  into a comprehensive ADR scheme, enables the parties to […]

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Tweets by @environmentadr

Environmental Mediation Newsletter

Sign up to receive my environmental mediation newsletter on a monthly basis

Tags

ADR agriculture alternative dispute resolution Apple Apple phones big data Bio diversity Brexit class actions climate change contamination data data analysis eco-friendly environment environmental clean up environmental disputes environmental mediation environmental technology EPA farmed fish Flint global water challenge green living infrastructure legal strategy litigation alternative mediation mediation process mediation vs. litigation nature negotation New Jersey pollution oceans protected areas recycling renewable energy role of mediator settlement sustainability technology toxic tort water water contamintation water summit

About Me

lester-levy

I strongly believe in the value of mediation – said another way, environmental mediation really works. I would go even further: I believe that environmental disputes are perfectly suited to the mediation process – perhaps more so than any other area of legal practice. I have formed these views after mediating environmental cases for more than 20 years, throughout the United States, and having worked with thousands of lawyers, companies, insurance carriers, regulatory agencies and courts. My … Read more

My Latest Posts

  • The inter-generational theft of Brexit and climate change
  • Our Drinking Water Regulation Is So Weak Even Flint’s Water Got A Pass
  • Environmental Mediation: A New Paradigm for Resolving Multi-Party Disputes
  • Flexibility Is Key to Success in Mediation
  • Leaving the EU would put our environment at risk

Connect with Me

Lester Levy

JAMS- New York
620 Eighth Ave. (NY Times Building)
34th Floor
New York, NY 10018
P (212) 751-2700

JAMS- San Francisco
2 Embarcadero Center
Suite 1500
San Francisco, CA 94111
P (415) 982-5267

Copyright 2016-2020 Lester Levy | Site developed by Good2bSocial