In a dispute it is clear that there is extensive duplication of time and effort by each parties’ lawyer in gathering, often the same, evidence. This duplication leads to increased costs and delays reaching a resolution.
For the parties that means it takes longer to get to a position where they can start working towards a restoration of a sense of self and a rebuilding of their future. For organisations and insurers, that leads to increased legal costs, longer claim life and customer dissatisfaction.
Early evidence gathering undoubtedly leads to quicker and cheaper resolution of claims, in many instances, without the need to proceed to mediation at all.
R3 Resolutions does not provide legal advice in relation to evidence gathering. Rather, R3 Resolutions facilitates discussions between the parties so that an agreement can be reached for collaborative evidence gathering and sharing.
That process can be undertaken prior to commencing proceedings. It can also be effectively used in the early stages of a claim where the independent gathering of evidence is not well advanced. Either way, it gets the matter ready for resolution earlier, and with significantly lower legal costs.
Moderated evidence gathering often commences at, the same time, as an early facilitated conference. However, it can be undertaken even when an early facilitated conference is not required.
Moderated evidence gathering involves:
An initial agreement as to whether the evidence obtained is to remain confidential, or can be tendered as evidence in later proceedings if the dispute is not resolved;
Identification of the information and evidence that each party needs to be in a position to consider their key issues and needs; and
Reaching an agreement of how, and when that evidence will be shared.
Some parties find that once the evidence is gathered, and shared, that they are able to reach an agreement without the need to proceed to a mediation at all.
R3 Resolutions is currently testing chat bots that assist parties in gathering information and evidence required to enable a swift resolution of a civil claim.
Contact us if you would like to be part of the pilot programs.