In cases in which one party is seeking money or other concessions from another party, such as in a lawsuit, this patent-pending system allows each party to propose a resolution that it deems fair in a manner that is credible but nonprejudicial. A party's proposed resolution remains confidential and does not become enforceable unless the system determines that it is acceptable to the other side, at which point it becomes the resolution.

The system can be used by mutual agreement or, by virtue of its asymmetrical structure, can be initiated and used by one party without the other party's consent. Unlike mediation and traditional sealed-bid systems, the system gives the initiating party a strong incentive to make a reasonable proposal at the outset of the process, and it deprives the other party of an incentive or excuse for failing to do the same prior to a fixed deadline. A party that proposes a reasonable outcome will either obtain that outcome or will, without having caused prejudice to its own bargaining position, be able to establish that the other side had walked away from a reasonable settlement that had been within its grasp.

In-depth information about this system, and access to a fully automated online embodiment of the system, may be obtained by clicking on the following link:

https://www.fairoutcomes.com/appellex

To find out more about Fair Proposals, or to discuss a potential use of the system, give us a call or send us an e-mail at fairproposals [at] fairoutcomes.com.