Navigating a settlement is often a complicated and ambiguous process, especially for the client. Of particular discomfort is the uncertainty; a lack of clarity about a position at any given point in time. Xpedite by Hall Chadwick Forensics can help.
After inputting certain known and assumed values outlined in a claim, Xpedite then produces range of potential settlement outcomes, and their relative appeal. By doing so, the tool provides a benchmark against which an offer or counter-offer may be evaluated.
What is Xpedite?
A litigation settlement calculator
What type of technology?
Hall Chadwick Forensics
Country of origin
Similar tech products
A number of law firms offer settlement calculators, particularly in the family law space.
However, there does not appear to be any other similar generic online settlement calculators in Australia.
Calculate and report on the outcomes manually
Engage a forensic accountant to do the calculations
Which practitioners would find this technology useful?
Litigation solicitors, barristers and mediators
How does it work?
Xpedite is accessed via a web-login. A new matter is created and thereafter that matter can be accessed via a unique key.
For each matter, an amount of data needs to be inserted: namely plaintiff or defendant; the different claims being brought and the value of those claims; the interest entitlement to date; the legal costs incurred to date and the projected costs should the matter go to trial; the other side’s legal costs and projected costs and the likelihood of success of proceeding.
There is then also the option to add a counterclaim with all the same fields as for a claim.
Once that data is entered, Xpedite then calculates a range of potential outcomes in the matter from best case to worst case and a variety of outcomes in between. The results are presented in both graphical and table form. Usefully, the outcomes are presented from both the plaintiff’s and the defendant’s perspective.
A key feature of Xpedite is that it is dynamic: any of the fields can easily be amended at any time and the outcomes recalculated. As a tool for tracking the ebb and flow of a litigation: ie as the value of claims gets requantified over time and the merits of different claims become more established. Therefore, Xpedite is particularly useful for both client and practitioner alike. It can be hard for clients to appreciate the significance of such ebbs and flows but Xpedite helps chart such changes in potential outcomes over the course of the litigation. For practitioners, Xpedite can be a way of more easily documenting and conveying to clients what has been achieved: ie by seeing the numbers improve as the merits or weaknesses of their position become more established.
For the actual meditation, the dynamic updating of fields can be done over the course of the mediation. The lawyer (or mediator) can also play with different scenarios (such as by removing certain claims or varying the numbers) in order to give clients a sense of what might happen depending on certain scenarios.
Also, Xpedite can track offers and counter-offers as they are made and chart those offers against the best-case to worst-case outcomes.
Upon the conclusion of the meditation (or the matter) the final data, including all offers, is then converted into a final report to be downloaded or printed. The data held by Xpedite (which is at any rate anonymised) can also be deleted.
Xpedite allows practitioners to easily and clearly present the significant numbers in the matter. As this includes their current and projected costs, a particular benefit is ensuring the satisfaction of a number of disclosure obligations, such as sub-sections 174(1)(b), (3) and (6) and section 177(1) of the Legal Profession Uniform Law. Perhaps the most useful feature is Xpedite allows the numbers to be easily and quickly updated and track any offers made. The speed and simplicity with which all this can occur is the key strength of Xpedite: altering the data and recalculating the outcomes can take less than a minute.
The outcomes calculated by Xpedite are only as useful as the data inputted. The quantum of claims and the likelihood of success can sometimes be very fuzzy and based on best guesses, especially early in proceedings. The risk with putting such guesses into such a clear black and white format is that the outcomes take on their own reality, especially with clients. Lawyers need to manage this with care as such rubbery numbers could create unrealistic client expectations.
As with all cloud services, there are risks with third parties holding privileged and confidential information. However, the data is entered in an anonymised format and, upon the conclusion of a matter (and the saving of the report), all data can be deleted from Xpedite’s systems.
Currently, only one overall likelihood of success can be entered. This does not allow for the subtleties where one claim and value might be strong and another claim and value might be weak. This functionality may be added in later updates. Also, currently, there is no ability to look behind each of the outcomes which could make explaining the range of outcomes between best and worst case a little challenging for practitioners. Also, Xpedite may be of less use in more complex disputes such as with multiple parties and/or a layer of complexity as to the claims and quantification of those claims.
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