Virtual Workshop – MOCK MEDIATION: Where Should This Case Settle? A Live False Claims Act Damages Mediation
Erica Blachman Hitchings
Partner
Whistleblower Law Collaborative LLC
John Libby
Healthcare and Commercial Mediator and Arbitrator
Libby ADR LLC
Andy Liu
Managing Member
Law Office of Andy Liu, PLLC
How do you bridge a $900 million gap? With expert mediation.
In this masterclass in mediation, seasoned defense counsel, relators counsel, government counsel, and a damages expert will present a healthcare settlement mediation from beginning to end. Turning on five contested decisions, mediators will navigate and narrow the gap between the $908 million claimed by the prosecution, and the $3.8 million admitted by the defense.
- 2 joint sessions
- 2 caucuses
- 1 final number
Through legal and factual analysis the presenters will calculate risk and probabilities, landing at a final value acceptable to all parties.
Key takeaways:
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Distinguishing between building a number and asserting one
- Testing the other side’s number for the assumptions doing the work.
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Determining where the real leverage sits
- Correctly treating the kickback claims as identifiable from referral data rather than sampling
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Clarifying why the constitutional ceiling is a settlement input
- Comparing forums for circuit-specific ratios
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Demonstrating how a neutral party narrows a 238-to-1 spread
- Sequencing,
- Reality-testing
- The point at which a range becomes a number
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Identifying the terms that carry value beyond the figure
- Tax allocation
- Covered conduct
- Parallel resolutuons with the states and OIG
- The DOJ decision-making approval chain