Alternative Dispute Resolution in False Claims Act Cases

Taking a qui tam case to court can be time-consuming for a whistleblower who is hoping to collect compensation quickly. Alternative Dispute Resolution (ADR) may help in terms of resolving a dispute more quickly, or at least helping to narrow down the issues. Speak to a knowledgeable attorney who specializes in False Claim Act cases to learn more about:  mediation, arbitration, early neutral evaluation, judicial settlement conferences and mini-trials.

Why is ADR beneficial?

Alternative Dispute Resolution saves a lot of the costs and aggravation that are associated with trials. Early resolution of disputes:  This allows the parties to focus on resolving disputes instead of focusing on their anger. This allows more cases to be settled sooner. False Claims Act cases that go through the full litigation process can take years. ADR cases can take just a few months. Lower costs: With ADR, the expenses for depositions, expert witnesses, investigators, court reporters, trial exhibits and witness attendance may be greatly reduced. Less stressful: Many ADR disputes are not public which is easier on those involved. Some ADR processes, like mediation, are specifically designed not to be adversarial. Settlements are beneficial to both sides: Agreements can be drafted to address the practical and financial needs of those involved.

Since the Department of Justice began using ADR, the results have been very encouraging. The DOJ estimates, for 2012, that there were substantial cost savings for all DOJ matters including False Claim Act cases. For 2012, the DOJ also estimates 70 percent of ADR cases settled as opposed to only 50 percent of cases that went through the trial process. Years of time have been saved in manpower and in litigation preparation and trial time. Key Elements of the ADR process

The process needs to be:

Fair:  Outside helpers such as experts, mediators and arbitrators can’t have an interest in the outcome.

Voluntary: The DOJ and the defendant both have to agree to ADR.

Confidential:  The parties, the relator, the defendant and anyone involved in the ADR process must agree to keep issues and testimony confidential.

Whether the DOJ decides to try your case or proceed through ADR, Begelman & Orlow, P. C. will be by your side, protecting your interests. Please contact our office for a free consultation to discuss your case at 866-627-7052.