Robert J. Kaplan, Mediator

Bottom-Line Mediation ®

In early 2009, I began mediating select large exposure (mostly 7 & 8 figure) high-risk cases on a nationwide basis – entirely by telephone – charging a pre-negotiated fixed success fee if and only if I am successful in getting the case settled.  The process, which I have come to call ‘Bottom-Line Mediation’, has proven extremely effective.  

In developing this very novel (and some say 'cutting-edge') approach to mediating select cases, I have learned that Bottom-Line Mediation may not be appropriate for any of the following: 

(a) cases where any party needs to vent, be heard or communicate directly with another party;

(b) cases where relationships need mending; 

(c) cases where there is any kind of client-control issue;

(d) cases where there are too many ‘moving parts’.  

Bottom-Line Mediation is ideally suited for high exposure cases that pose an extreme high-risk for all concerned -- where the midrange of the amount in controversy is at least $10 million and where there are highly experienced ‘Pros’ on both sides.  And, it is particularly ideal when trial (or some other pivotal case event) is imminent and other settlement processes have proven unsuccessful.  

To date, I have done Bottom-Line Mediations on cases venued in California, Nevada, Iowa, Wisconsin, Hawaii, Colorado, Arkansas and Oklahoma -- working with lawyers and claims people in those states and with lawyers and claims people in New York, Massachusetts, Arizona, Washington, Illinois, Missouri, Georgia and Washington D.C.

The following are examples of successfully concluded Bottom-Line Mediations:  

     1.  A Bad Faith insurance case where Plaintiff's last demand was $28 million and Defendant's last offer was $200,000 and trial was set to begin in less than 1 week;

     2.  A Bad Faith case (involving hundreds of opt-outs from a large Class Action) where Plaintiffs' last demand was $60 million and Defendant's last (and only) offer was $5 million -- and the court was about to rule on a critical summary judgement motion;

     3.  A post-verdict quadriplegic case where Plaintiff's last demand was 'north of $20 million...', Defendant's last offer was $10 million -- and oral argument on the appeal was imminent; 

     4.  A case involving brain damage to a 2 year old girl where Plaintiff wasn't willing to negotiate unless the defense collectively put 'a minimum of $15 million on the table' and where the defense had initially offered $4 million at the earlier conventional mediation; 

     5.  An 8 death case arising from an accident involving an 18 wheel truck on a turnpike where Plaintiffs' last demand was $108 million and Defendant's last offer was $21 million -- and trial was set to begin in 3 days;

     6.  Wrongful death of a 19 year old woman, with Plaintiffs' last demand being $20 million and Defendant's last offer being $2.1 million -- with trial set to begin in 5 days -- and Plaintiffs saying that they were not going to come down to $19 million 'unless the defense came up to 8 figures'.

If you would like to know what the Bottom-Line Mediation fee structure is, exactly how the process works, what specific information I need in order to begin a Bottom-Line Mediation and/or if you would like the names of any attorneys or insurance carriers who have participated in a Bottom-Line Mediation, please send an email directly to me (at rjk@kaplanmediation.com) and I will respond ASAP.