Large Group Turns to Mediation after Food Poisoning Incidents

A significant number of people become ill after eating at the same location. There are many attorneys representing the various litigants, and a few settle their claims. The remaining group of people, represented by a small team of attorneys, is unable to come to a resolution but agrees to mediate.

Key Issue

Food poisoning results in violent illness for up to one month, but usually there are no permanent problems for the individuals affected. The question is – how is a month’s worth of serious illness evaluated?

Purpose of Mediation

If a trial can’t be avoided, there may be one trial involving the entire group, or multiple trials, extending the settlement process for weeks, even months. The goal of mediation is to properly compensate individuals without the necessity of going to trial. James Morris is selected as the mediator because of his experience in handling multi-party disputes.

Mediation Process

At the mediation session the plaintiffs’ attorneys present individual pre-settlement proposals for each person who became ill. It is clear the parties are far apart on deciding the various cases.

In the process of discussion facilitated by James Morris, the plaintiffs’ attorneys state that if a total compensation sum can be determined in mediation they will be able to divide the total among the litigants, upon agreement of their clients.

Outcome

Following two days of mediation and several phone calls initiated by the mediator, the settlement total is set. Within 30 days the defendants receive releases from each member of the large plaintiff group and deliver the aggregate payment.

Many participants tell the mediator that a mass tort would have resulted in months of in-court litigation with all parties incurring high expenses. An organized approach to resolution, several note, is a “great service.”

 

Published: 3/3/2009