What is Mass Tort Cases-Mass Tort Mediation-Role of Mediation in Mass Tort Cases-Alternative Dispute Resolution Strategy
AUTHOR: CHANDRIKA JOSHI
What is mass tort case mediation? What is Mass Tort Cases-Mass Tort Mediation-Role of Mediation in Mass Tort Cases-Alternative Dispute Resolution Strategy
The term "mass tort" refers to situations in which numerous individuals were unfairly and similarly affected by a single wrongful act of conduct.
Claims in which just one or two people are hurt are not mass tort cases. Accordingly, there are numerous plaintiffs and a single defendant. The defendant harmed numerous claimants with one action.
One method of Alternative Dispute Resolution (ADR) that assists the parties in resolving their conflict without resorting to court action is mediation.
Through this, an impartial third-party called mediator assists both parties in coming to a solution. These complex or large tort cases were successfully resolved through mediation.
In order to successfully resolve complex issues or mass tort claims, preparation is crucial in every mediation. A mediator is essential to arrange pre-meetings with counsels and parties in these kinds of complicated matters. Conversations with the parties are crucial to understanding the case's core issues.
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What is included in mass tort cases? What is Mass Tort Cases-Mass Tort Mediation-Role of Mediation in Mass Tort Cases-Alternative Dispute Resolution Strategy
This type of case includes the number of people who have suffered the same kind of injury through the same source thus allowing them to pool their claim.
In mass tort cases, carelessness, negligence harming many at the same time, situations involving incorrect medicine prescriptions or any medical devices, employee issues, combined labour disputes, asbestos, accidental disputes, etc, were frequently included.
Role of Mediation-What is Mass Tort Cases-Mass Tort Mediation-Role of Mediation in Mass Tort Cases-Alternative Dispute Resolution Strategy
Everyone concerned, whether they are the plaintiff or the aggrieved, may find the mediated resolution to be a valuable choice. The parties that are harmed will save time and money by using mediation to quickly reach a resolution.
A settlement that can help the defendant avoid fees and damage to their reputation or goodwill is set up with the assistance of mediation. If this disagreement is settled discreetly, both parties' reputations will be preserved.
Both sides' interests will be protected via mediation since both the plaintiff and the defendant want to minimize their financial losses, limit their exposure to future liability, and preserve their good names.
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Read Article-What is Mediation? Role of Active Listening in the Mediation Proceedings
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Possibility of mediation as a dispute redressal mechanism in such cases-What is Mass Tort Cases-Mass Tort Mediation-Role of Mediation in Mass Tort Cases-Alternative Dispute Resolution Strategy
Mediation in massive cases is not an easy task. It necessitates extensive planning, in-depth knowledge, and strong negotiating abilities. "Pre-meeting with counsels and parties" is a crucial component of mediation in such a complicated case.
The mediation process is made simpler for everyone if the mediator meets with both parties equally and discusses the solutions, the role of each participant, and the status of their relationship. This information provides the mediator with essential insight into the dynamics of a case.
If a mediator takes the time to prepare thoroughly, including creating an agenda, schedule, and all necessary paperwork, there would be a strong likelihood that mediation would be successful in Mass Tort Cases.
“A situation involving the Flint River water crisis occurred in Michigan”. Flint moved its water supply from Detroit's system, and the citizens of Michigan are now affected by the water's terrible odour. The threat generated by the state has impacted at least 100,000 people. In order to potentially deliver money to victims much faster, they all filed a single complaint against the Michigan government, and a federal district judge in Ann Arbor ordered mediation. The federal court determined that mediation is an option in these situations.
How mediation differs from other redressal mechanisms in such cases-What is Mass Tort Cases-Mass Tort Mediation-Role of Mediation in Mass Tort Cases-Alternative Dispute Resolution Strategy
In comparison to other redressal mechanisms, mediation would be a better option for resolving such complex cases
-In mediation, it does not require any kind of evidence to prove even if the plaintiff or defendant doesn’t have particular evidence they will be allowed to put their facts before the mediator.
-It is a less expensive process in comparison to other mechanisms.
-This is a win-win process for both parties.
-Long-term relations between parties were maintained.
-Mediation improves communication among them.
-Parties have full control over the process, they may withdraw at any time.
Challenges faced by mediation in mass tort cases-What is Mass Tort Cases-Mass Tort Mediation-Role of Mediation in Mass Tort Cases-Alternative Dispute Resolution Strategy
There are some difficulties: -
-The parties in these complicated instances are not always eager to meet. Therefore, it's challenging to sit down with both parties.
-The difficulty in mediating will arise from a lack of trust in the mediators.
-In these kinds of mass tort lawsuits, the parties' collaboration is crucial, and it would be more difficult to achieve a settlement if one of the parties were the tough one.
-There may be a lack of trust between the parties, and a resolution is not guaranteed.
Mediation as “success” in such cases-What is Mass Tort Cases-Mass Tort Mediation-Role of Mediation in Mass Tort Cases-Alternative Dispute Resolution Strategy
Success will depend on the parties and the mediator. These kinds of disputes can be settled through mediation if the mediator is well-prepared and able to persuade the parties. Pre-mediation meetings between the mediator and the lawyers are crucial to the process' success.
From the above points and description, we can say that mediation will definitely help the parties in reaching a settlement.
