How It Works
clickNsettle (cNs) is a simple and expeditious way to resolve claims and disputes valued at #MaxAllowed# or less.
clickNsettle is an interactive, digital settlement application which offers disputing parties a means to settle cases in a confidential, quick and inexpensive manner at YOUR convenience and at YOUR computer. During a pre-scheduled #BiddingWindowMinutes# minute eResolution session, Claimants submit demands reflective of an amount they are willing to accept to settle the case and Defendants submit offers reflective of an amount they are willing to pay to settle a case. If the Claimant's demand and the Defendant's offer meet the clickNsettle settlement criteria (that is, if the bid amounts are within 30% of each other or if the Defendant's offer exceeds the Claimant's demand), the case will settle for the midpoint between the two bid amounts. Each party's bids are NEVER disclosed to their adversary. A dollar figure is ONLY revealed when the case settles and only the settlement amount is shown.
If the case is not settled during the eResolution process, the parties will receive an on-screen notification that a Mediator will be joining the session to virtually assist the parties with the negotiation process for up to #MediatorWindowMinutes# minutes.
Good Luck and enjoy using clickNsettle!
Before cases can be submitted and negotiated through clickNsettle, you must register on the clickNsettle website by clicking on either "Sign In" or "Get Started" on the home page.
Either party, that is, the Claimant or the Respondent, may submit a case to be resolved through clickNsettle by clicking on "Submit a Case" after you have signed in to the application. Once a case is entered into the clickNsettle system, the system will offer a series of dates and times for the eResolution process to take place. Once the submitting party indicates the dates and times that are acceptable, an invitation to participate will be automatically generated and sent to the invited party. The invitation will remain open for #InviteExpirationHours# hours. Once your invited party accepts the invitation and registers/signs in, the invited party will be asked to select one of the dates and times offered. If none of the times work, the invited party will have the option to select alternate dates which will then go back to the submitting party for review and confirmation. Once there is a mutually agreeable date and time, all applicable parties will receive an e-mail confirmation of the date and time for the eResolution process.
If the original invitation expires (after #InviteExpirationHours# hours) and the invited party would still like to negotiate that matter, the invited party can re-activate the case by clicking on the link in the original invitation email or in any subsequent reminder email and selecting "Re-Activate". clickNsettle will then offer a new series of dates and times for the bidding process to take place. The process will continue as described above.
On the agreed upon date and time, after logging into the clickNsettle (you can follow the link in the calendar invite that will be sent to both parties) and when prompted that the eResolution process has begun, either party may enter an opening offer/demand. The clickNsettle will notify the opposing party that an offer/demand has been entered by the other party. Each time an offer/demand is entered, the other party will receive an on-screen notification as well as and a notification via email or text (as preferred). However, clickNsettle will not disclose the amount of the bids entered by either party to the opposing party. A party may enter a maximum of (#MaxSequentialBids#) successive offers/demands prior to receiving a response offer/demand from the opposing party; once a response offer/demand is received that party will then be able to place additional bids. However, a Claimant may NOT increase successive demands and a Respondent may NOT decrease successive offers - clickNsettle will not accept such amounts.
The eResolution process will last for a maximum duration of #BiddingWindowMinutes# minutes or until settlement is reached, whichever comes first.
If, at any time, during the eResolution process, the Claimant's last demand is within 30% of the Respondent's last offer or the Respondent's last offer is higher than the Claimant's last demand, the case will settle for the dollar value midpoint between the most recent offer/demand amounts from each party. The parties will receive an on-screen notification and an email confirming that the matter has settled and the dollar amount of the settlement.
At the expiration of the #MediatorWindowMinutes#-minute eResolution process, if the case has not been settled, the parties will receive an on-screen notification that a Mediator will be joining the session.
The Mediator will then assist the parties with the negotiation process for up to #MediatorWindowMinutes# minutes.
If the matter settles at any point during the Mediator session, the Mediator will prepare a Post Mediation Agreement and include the settlement terms agreed to by the parties. The Mediator will send the Post Mediation Agreement to the parties who will be asked to sign the agreement via DocuSign. Once fully executed, the Post Mediation Agreement will be emailed to the parties.
If the case settles, whether during the eResolution process or during the Mediator session, the Claimant/Plaintiff agrees to furnish the Respondent/Defendant with a release, stipulation of discontinuance (if applicable), and any other closing documents necessary to complete and finalize the settlement of the claim.
Upon receipt of the required closing documents, the Respondent/Defendant agrees to issue the settlement funds to the Claimant/Plaintiff within 30 days.
Any settlement reached by the parties shall constitute a bar to any further claim or cause of action relating to or arising out of the facts and circumstances of the subject case. The Claimant/Plaintiff's release as referred to above, prohibits the Claimant/Plaintiff from asserting the same claims against the Respondent/Defendant again for the same dispute or controversy, unless the Respondent/Defendant fails to pay the agreed upon settlement funds as referenced above.
The settlement amount includes all costs, expenses, disbursements and liens. The settlement amount during the bidding process shall constitute the entire amount the Claimant will receive from the Defendant.
To satisfy the fee requirements of using clickNsettle, you must have an approved account with clickNsettle or pay by credit card.
The following details the fees charged for negotiating a case on clickNsettle:
- There is no fee to submit a case and invite your counter-party to participate in the eResolution process.
- If your counter-party does NOT accept the invitation, there will be no fee charged to either side.
- If your counter-party accepts the invitation, the fees are as set forth below.
A Participation Fee will be charged to each of the claimant and the respondent when the invitation to participate has been accepted (that is, after both parties have agreed to use clickNsettle). The Participation fee for the Claimant is #ParticipationFee.2#. The Participation Fee for the Respondent is #ParticipationFee.1#.
A Success Fee will be charged to each of the claimant and the respondent only if an agreement is reached and a case settles via clickNsettle. The Success Fee for the Claimant is #SettlementFee.2#. The Success Fee for the Respondent is #SettlementFee.1#.
Cancelling/Rescheduling more than #BillableCancellationFee# hours prior to the scheduled eResolution session incurs no charge and the Participation Fee will be refunded. Cancellations/Rescheduling less than #BillableCancellationFee# hours prior to the eResolution session (including not showing up for the scheduled eResolution session) will incur a #CancellationFee# Cancellation Fee which shall be paid by the cancelling/rescheduling/no-show party or parties. Participations Fees will be refunded after Cancellation/Rescheduling Fees are paid.