What is a high low offer?

A high-low agreement is a contract “in which a defendant agrees to pay the. plaintiff a minimum recovery in return for the plaintiff's agreement to accept a. maximum amount regardless of the outcome of the trial” (Garner 2004, p.

How does a high-low work in trial?

A high-low agreement places a ceiling and a floor on the amount of money awarded at trial. A $50,000/$250,000 high-low agreement means $250,000 will be the maximum award and $50,000 will be the minimum award, regardless of the juries' actual verdict.

What is a Mary Carter settlement?

A Mary Carter agreement is one such arrangement whereby the settling defendant nevertheless goes to trial, but the liability of the settling defendant is limited. Often the amount to be paid by the settling defendant is dependent on how much is recovered from the non-settling defendant(s).

What are two benefits to the plaintiff of a Mary Carter agreement?

1. The settling defendant agrees to pay the plaintiff a certain sum of money in order to settle the case against him or her. 2. The settling defendant remains in the action and, in most cases, helps the plaintiff's case against the non-settling defendants.

What is a Pierringer agreement?

A “Pierringer Agreement” is a settlement contract between a Plaintiff and one or more, but not all, of the Defendants in a lawsuit. Pierringer Agreements impose several liability, allowing removal of a settling Defendant from an Action without compromising the Plaintiff's continued pursuit of non-settling Defendants.

The High-Low Pricing Strategy

What is High Low arbitration?

In some instances, "high-low" arbitration is the answer. This is a procedure in which opposing sides agree to binding arbitration to settle their dispute, as well as to the highest and the lowest amounts that can be awarded. That is, the parties agree in advance to maximum and minimum awards.

What is a high-low in mediation?

According to United States Arbitration & Mediation, an alternative dispute resolution company: Many parties like the "high/low" arbitration format. In a high/low arbitration, the parties specify that the award will be no higher than a certain amount and no lower than another amount.

What is final offer arbitration?

Final offer arbitration is a public process, reserved exclusively for disputes that are monetary, and results in a binding decision. If you and the other party to a dispute are unable to resolve the matter through mediation, you can request final offer arbitration.

What is final offer selection?

Final offer selection is an innovative arbitration approach that requires the arbitrator to select between the parties' best and final offers (BAFOs). The arbitrator has no ability to 'split the difference' between the two or to fashion a settlement of his/her own creation.

What is Fast Track procedure?

What is the Fast-Track Procedure? The Fast-Track Procedure is a dispute resolution procedure specially designed to protect Exhibitor's and Non-exhibitor's Intellectual Property (IP) rights against infringements at trade fairs organized at Palexpo's premises.

What are the different types of arbitration?

What is a Mary Carter agreement California?

A “Mary Carter” agreement calls for the settling defendant to. behalf, and provides for a settling defendant. recovers from nonsettling defendants. It is secret.