The Digital Mediation Process

When you begin a session, you will be asked to pay your $99 session fee. That fee is good for 30 minutes. The clock does not start until both parties have signed in and paid their session fee. You can go as many rounds as you want within that 30 minutes. If at any time within that 30 minutes, your case settles for over $15,000, you pay an additional $1,000 Success Fee. If you get to the end of the 30-minute period and you have not successfully settled, your session is over, but you will owe nothing else except the $99 Session Fee.

Confused? Let’s take an example.

Example

As soon as the clock starts, the Plaintiff enters three Demands, going from high to low. For example, the Plaintiff’s first three Demands might be $975,000 (Demand 1); $960,000 (Demand 2); $930,000 (Demand 3). At the same time, the Defendant enters three Offers, going from low to high. For example, the Defendant’s Offers might be $100,000, $120,000, $150,000. Neither side knows what the other side’s numbers are. When you finish confirming the numbers, the Minute Mediator computer matches Demand 1 against Offer 1. In this example, $975,000 is matched against $100,000. Obviously, the parties are far apart, so there is no settlement. The computer then matches Demand 2 against Offer 2. In this example, $960,000 is matched against $120,000. Again, no settlement. The computer then matches Demand 3 against Offer 3. In this example, $930,000 is matched against $150,000. Still no settlement. You have just completed one “Round.” The computer asks if you want to go again for “Round 2.” If you say no, the session is over. If you say yes, we go again.

In Round 2, the Plaintiff now enters Demands 4, 5, and 6. Demand 4 must be lower than Demand 3. The Defendant enters Offers 4, 5, 6. Offer 4 must be higher than Offer 3. The process repeats again. If the mediation is unsuccessful, you are asked if you want to go to Round 3. And so on. This goes on until the case settles or the 30 minutes is up.

If, at any point in time, the Plaintiff’s Demand falls beneath the Defendant’s Offer, the computer splits the difference and the case settles. Let’s say, for example, that in Round 7, the Plaintiff submits Demand 19, 20, and 21. The Plaintiff’s numbers are $550,000 (Demand 19); $500,000 (Demand 20); and $490,000 (Demand 21). The Defendant’s numbers are $520,000 (Offer 19); $530,000 (Offer 20); and $540,000 (Offer 21). The computer matches Demand 19 ($550,000) against Offer 19 (520,000). Still no deal. But when the computer matches Demand 20 ($500,000) with Offer 20 ($530,000), the Plaintiff’s number has suddenly slipped lower than the Defendant’s number. The computer splits the difference between $500,000 and $530,000, and the case settles for $515,000. Each party is then charged a $1,000 Success Fee and the case is settled. Just like that, you have settled your case on favorable terms within 30 minutes, at a fraction of the cost of traditional mediation.