SettleIndex
State-of-the-art risk analysis software (optional – free to use – confidential to party)
SettleIndex
“A strategic tool for the modern disputes lawyer”
Included in our mediation fee at no additional cost is an optional licence for each party to use SettleIndex AI risk analysis software with continued access prior to the mediation and for up to 14 days afterwards.
SettleIndex brings greater sophistication to litigation risk analysis enabling better decisions around settlement. Clients will support your innovation in using groundbreaking technology to assist with your risk assessment just as much as they will endorse the enhanced attention to detail.
At mediation parties need to know when to walk away from negotiations and when to push for more (or less). SettleIndex helps you identify a target settlement range from the many different issues that comprise a typical dispute such as:
- Limitation
- Breach of duty
- Causation of loss
- Level(s) of Damages
- Alternative outcomes
- Contributions between Claimant and Defendant and/or between Defendants
- Costs awards on winning/losing and Part 36/Calderbank offers
- Multiple claims
- Your opponent’s view
Your mediator can assist you with populating the software but will not see its results unless authorised by you. SettleIndex’s results are therefore confidential to each party.
SettleIndex provides instant calculations to inform your target settlement range based on your views about the issues above. These are calculations that cannot easily be done in your head.
SettleIndex may endorse your views about the settlement range or if not, provide you with an opportunity to check and review negotiating parameters and levels of authority before the mediation so that a valuable opportunity to resolve the dispute is not missed.
Populating SettleIndex is based entirely on your own view of your client’s position and (importantly) also takes into account your view about how the other party sees key issues.
SettleIndex then applies your weighting in percentage terms to different potential outcomes if the dispute was at trial or other third party determination (i.e. arbitration. adjudication etc).
SettleIndex also provides sophisticated costs analysis – both your own and the other party’s (to the extent known).
These aspects have a significant financial impact on the realistic overall settlement range in any dispute which are often overlooked at mediation.
SettleIndex also enables you to see immediately how adjusting the weighting of any issues, costs or potential outcomes affects your target settlement range.