L.E.A.P.™ REPAIR STRATEGY PROTOCOL
A STEP-BY-STEP 'WALK-THROUGH'
In the early stages of formal discovery parties, counsel & carriers may have legitimate concerns regarding the safe handling of strategically sensitive information. The procedural format for LEAP™ meetings
(as outlined below) is designed to accommodate those special concerns by
providing mechanisms for information's safe management while
parties explore possible areas for resolution.
(See Copy of Confidentiality Agreement)
Step 1 - Selection or Stipulation
The first step is to select (or stipulate to) the appointment of D.L. Jenkins - Jenkins Associates Mediation - as Mediator by parties.
Step 2 - Plaintiff's Testing
Plaintiff's Experts conduct their initial invasive investigation (possibly with defendants/cross-defendants observing) and subsequently publish / distribute a preliminary list of final defects.
Step 3 - Show and Tell
Soon thereafter, a Plaintiff's Experts Presentation to Defendant and Cross-Defendants is scheduled at which time Plaintiffs will discuss:
(a) Perceived mechanisms of failure for each defect
(b) Magnitude and/or frequency of each alleged defect
(c) Percentage of locations investigated (by construction phase)
(d) Plaintiff's Experts' current thinking regarding appropriate repair strategies for each alleged defect
Step 4 - Walk Through
Either on the same day as Plaintiff's Expert Presentation (or on subsequently scheduled days - as needed) a Plaintiff's Representative will conduct Defendants & Cross-Defendants through the site to orient them with regard to alleged defects and their locations.
Step 5 - Defendant & X-Defendant Testing
Approximately Ten to Fifteen days later, defendants and cross-defendants will notify plaintiff RE: any requests to conduct additional invasive testing.
Step 6 - Testing Schedule
Approximately one week later, an invasive testing schedule will be published by plaintiff with testing to occur 5-to-10 days thereafter, with defendant parties possibly sharing the costs of invasive testing for those defects that relate to respective party's relevant contract areas.
Step 7 - Facilitated Expert Discussions
5-10 days after visual and or additional invasive testing occurs, the mediator will convene Forensic Experts to discuss or confirm the existence of alleged defects as well as enter in discussions regarding potentially available, alternate repair strategies in conformance with the following Protocol:
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Plaintiff's Experts present their view of alleged defects and their current thinking regarding preferred repair methodologies.
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Defense Experts ask clarifying, non-argumentative, questions.
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Plaintiff's Experts are excused while defense Experts meet with the Mediator to discuss alleged defects & generate alternate LEAP™ proposals.
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Plaintiff's Experts re-join defense Experts to listen to defense Experts' proposals and ask clarifying questions.
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Private caucuses are held between plaintiff's Experts and the Mediator to evaluate the appropriateness of the defense's alternate repair proposals and to prepare counter-proposals if required.
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Plaintiff and defense Experts re-convene to discuss and confirm agreed-upon repair strategies.
Step 8 - Scope of Repairs
In the two weeks immediately following facilitated discussions, plaintiff and defense experts will convene (without the mediator's Participation) to fully develop repair scopes for each agreed upon L.E.A.P.™ repair.
Step 9 - Cost of Repairs-
During the subsequent two weeks, in either facilitated or non-facilitated meetings, plaintiff and defense experts will jointly prepare cost estimates for implementing the agreed-upon scope of repairs; or in the alternative, a well-articulated scope of agreed-upon repairs will be packaged in the form of pre-bid documents and sent out to pre- agreed-upon contractors for alternate bids.
Step 10 - Distributing Cost of Repairs
Six weeks thereafter, the final scope of repairs and the joint estimate results (or the final bid amounts) will be disseminated among participating parties, and an all-party meeting will be scheduled to respond to questions regarding final estimates or bids.
Step 11 – Issuance of Demands
Ten days after bids and/or estimates have been reviewed, the Plaintiff (and Developer) will issue demands to all parties - Defendants and Cross-Defendants.
Step 12 - Final Mediation
A month following the formal issuance of demands, the Mediator will schedule one to four days of final, non- binding mediated settlement discussions. This mediation schedule, again, will be organized in such a way that individual parties are scheduled to appear at pre-determined time periods over the course of the entire mediation.