Mediating class action litigation often becomes a battle between the unstoppable force and the immovable object. Class Counsel seeks large dollar damages to benefit the class and to achieve Court approval. In contrast, companies seek to preserve capital and mitigate risk. Finding common ground between these counterpoints can be challenging and at times elusive.
Risk Settlements is the leading provider of class action settlement solutions that bridge a settlement divide by designing a resolution which satisfies class counsel while meeting the financial and legal objectives of the company. According to Mediator Rodney Max, “the financial drain from continued litigation and the uncertain impact of settlement all changes when Risk Settlements is part of the process. Its sophisticated team solves business risks, provides certainty and makes settlements achievable when it would have been impossible otherwise.” By involving Risk Settlements, mediators provide defendants with access to Class Action Settlement Insurance (CASI)—the only insurance policy designed to allow companies to transfer the financial risk of settling existing class action litigation. Through CASI, defendants receive the cost-certainties needed for a quick resolution and peace-of-mind.
Class action cases present an array of complex interests and motivations that mediators must consider when negotiating settlement structures. With decades of class action experience, Risk Settlements provides mediators with the solution to bridge what appears to be an insurmountable gap between the parties.