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FAQ’s
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Does the Impasse Buster require the convening of a second mediation conference?
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No, the Impasse Buster is a supplemental mediation process that is implemented after adjournment of an in-person mediation conference. The Impasse Buster requires no travel. The streamlined process is conducted online, via email and telephone conference.
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So, the Impasse Buster is similar to Priceline(R), only it involves post-conference mediation proposals instead of hotel rooms?
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Yes, and we sure are glad that you asked it that way. The Mediator plays the role of “the Negotiator” on Priceline, without the over-acting (unless requested). Defendant plays the role of the hotel provider and Plaintiff is the consumer.
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How does this process work similarly to Priceline®?
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Plaintiff submits up to three confidential Bids to the Mediator. If Plaintiff makes a Bid that Defendant is willing to pay, then the parties have a deal at the Plaintiff’s price.
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Does the Mediator reveal Defendant’s Authority if a settlement is reached?
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No, the Mediator reveals only whether or not a Bid from Plaintiff has been accepted (just as Priceline® reveals only whether a bid has been accepted by the hotel). This rule is designed so that Defendant has zero reason to “hold back” on Authority instead of “throwing it out there.”
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Do we have to attend a mediation conference first?
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Yes, for all the reasons why mediation has become so popular and successful, an in-person mediation conference is a prerequisite to utilizing the Impasse Buster. The Impasse Buster is designed for use as a supplemental mediation after a face-to-face mediation conference has not succeeded in getting to the printer. The Impasse Buster is for bottom-line negotiations, after after the issues and interests of the parties have been fully vetted at a conference, and the parties are ready, willing and able to negotiate the final “number” that will settle the case.
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Why does Plaintiff get three chances to bid and Defendant get one opportunity to submit authority?
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Plaintiff may make up to three bids because settlement occurs at the bid price. Defendant is required to put its best foot forward by conveying its maximum settlement authority to the Mediator in confidence. This system is based on real world mediation experience from hundreds of cases. Plaintiffs frequently want to test up to three bottom-line numbers. Defendants frequently are reluctant to throw their real best number on the table out of fear that Plaintiff either might accept less or not accept the offer at all. The Impasse Buster process solves those problems.
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May the parties opt to change the bidding rules?
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Yes, custom bidding rules are allowed if all parties agree. The fee for utilizing the Impasse Buster may change. Parties who want to customize the process for a given case should consult with their Mediator.
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Is the Impasse Buster the same as “online mediation”?
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Not exactly. The Impasse Buster is conducted online, and via email and telephone, rather than at a conference. However, unlike previous online mediation efforts, the Impasse Buster uses real mediators in a streamlined and focused process that is the equivalent of the last ten minutes of a mediation conference, the time when the deal is struck.
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Is the Impasse Buster the same as a “silver bullet” mediator’s proposal?
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No, the Impasse Buster has the same goal as a “silver bullet” mediator’s proposal, but there are important differences. With the Impasse Buster, the parties, rather than the mediator, choose the bottom line offers. In addition, the Impasse Buster contemplates up to three swings, not just one “bullet.” Most importantly, if the Impasse Buster does not settle the case, neither the parties nor the mediator’s final proposals are revealed.
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What do I have to lose by trying the Impasse Buster?
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See the column on the right. If the Impasse Buster does not settle your case, all you are out is the fee. Of course, if the Impasse Buster could have settled your case, but instead you continued to litigate for a few unnecessary months or years, you will have lost a lot more than the fee.
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How Much Does It Cost?
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Typical per case (flat) fees
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Our typical per case fees are based on the amount in controversy:
| less than $250,000 | $ 625 per side |
| between $250,000 and $500,000 | $1,200 per side |
| between $500,000 and $1,000,000 | $1,750 per side |
| greater than $1,000,000 | $3,000 per side |
The “amount in controversy” is determined by the lowest settlement offer proposed by Plaintiff prior to submission to the Impasse Buster.
Prices are confirmed when the engagement is accepted.
Please contact us if you have any questions about pricing.
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