January 29, 2018

Litigation alternatives - Consensus


  • Clyde & Co has developed an initiative to address the problems of the current system, providing a comprehensive alternative to litigation.
  • A revolutionary non-binding online system for parties to settle quantum personal injury cases consensually (i.e. cases where primary liability is admitted)
  • Exclusive partnership with legal IT provider Rebmark Legal Solutions; the team behind the award winning piCalculator
  • The platform provides claimants and defendants with the tools to accurately calculate and evaluate quantum and reach consensus without resorting to expensive litigation
  • Consensus will automatically calculate offers and counter offers whilst providing a real time virtual negotiation facility
  • Consensus works with the claimant and defendant creating their respective schedules using either piCalculator or from within Consensus directly
  • Once the schedule is complete (or head of loss is completed), it is made available to the other party along with the evidence and expert reports relied upon
  • The objective is for the parties to reach ‘Consensus’ on each of the heads of loss without needing to litigate. All Consensus negotiations are undertaken on a without prejudice basis, providing protection to both parties throughout the process
  • Should the parties not be able to agree settlement by the end of the 24 month target settlement date, the case will proceed to a Non-Binding Adjudication Scheme (NBAS). A leading QC will review the Consensus schedules, evidence and experts’ reports and provide a non-binding decision in the case
  • Significantly reduced case lifecycles and improved cash-flow for claimant representatives. Interim payments in respect of both damages and costs will be made by defendant insurers at stages throughout Consensus and NBAS

Download the full Consensus booklet.