The problem: Many cases involve multiple claims and have limited resources to divide up. For example, if several people are injured and an insurance policy has been tendered, the injured victims have to come up with a method by which a fair division of the policy proceeds can be determined.
The solution: Use an old-fashioned ballot, just like in an election.
While there are numerous variations, here is one simple approach: each plaintiff or his counsel will fill out a ballot (prepared by the mediator) in which they provide a confidential percentage apportionment of the proceeds.
After receiving the ballots from everyone, the mediator “digests” the data and then presents the parties with his or her recommendation as to how the mediator should apportion the policy proceeds.
