1. Home
2. Advertising
3. 5 Must Have Criteria For Choosing A Class…

5 Must Have Criteria For Choosing A Class Action/Mass Tort ADR Provider

November 25, 2013, 5:31 pm CST

There is no room for uncertainty when choosing an ADR provider to help resolve class actions, mass torts, or multidistrict litigation (MDL). These are high-stakes, time-sensitive disputes with little margin for error.

Experience is just part of the equation. There are five other important criteria to look for in an ADR provider.

Integrity. An ADR provider must demonstrate a commitment to fairness and neutrality, which is most visible in the neutrals it offers. They should be retired federal and state court judges as well as former litigators who have earned the respect of the legal community and the confidence of sitting judges. Choosing neutrals that judges respect and trust is a sound business decision.

Versatility. An ADR provider must serve a client through all phases of a dispute. A versatile panel of neutrals offers professionals who can settle disputes and then proceed directly to adjudication or allocation. They also administer and allocate private, court-ordered and government settlement funds for claims both large and small. They assist in the design of post-settlement appeals processes. When written into settlement agreements, an ADR provider may also serve as arbitrators in distribution-related and other post-settlement disputes.

Efficiency and Adaptability. No two disputes are alike, and this is even more the case with complex class actions, mass torts and MDLs. Neutrals should be comfortable collaborating with attorneys, courts and claims administrators to create individual settlement and distribution plans that optimize the outcome for all sides. This demands extensive resources for managing the innumerable administrative details that are the hallmark of large, complex cases.

Quality. An ADR provider should have proven results, both qualitative and quantitative. JAMS, for example, frequently garners high ratings for quality and accuracy in outside audits. A provider’s neutrals and support staff should have significant experience and receive frequent training on best practices, academic research and court rulings. A good provider is one that makes regular use of independent Quality Control Committees.

Continuity. Class actions, mass torts and MDL matters often take years to reach a conclusion. For this reason, an ADR provider should demonstrate a bench of neutrals who have been with the company for a significant amount of time. This longevity ensures the provider offers neutrals who are very familiar with the genesis and progress of ongoing settlements, and who can devote months or years to the same case.

These five criteria, in addition to depth of experience, should be used to evaluate an ADR provider being considered for a class action, mass tort or MDL.

At JAMS, the world’s largest private ADR provider, we take pride in the fact that we offer a well-rounded panel to clients with demonstrable advantages for all parties. JAMS offers comprehensive dispute resolution services in class actions, mass torts and MDL. Our neutrals have decades of experience in successfully administering and resolving large, complex disputes as well as an extensive track record of handling post-settlement matters, including many of the largest civil class action settlements in U.S. history. We have handled resolution, settlement adjudication and allocation in cases of all types, including, but not limited to antitrust, auto product liability, civil rights matters, employment cases, environmental disasters, fraud and securities, insurance settlements and funds, mass property damage, medical device product liability, and pharmaceutical product liability.

With experienced neutrals in every jurisdiction, JAMS is the premier choice for settlement and post-settlement services. We offer trusted neutrals, tailored solutions, and timely settlements.

For information, download the JAMS Class Action and Mass Tort brochure.

This content is advertising.