When negotiating cases under the False Claims Act, a mediation is often the best tool to achieve a settlement. Utilizing an experienced mediator can help facilitate hard conversations between the parties, and leave all parties with the feeling that they “have been heard” at the conclusion of the mediation. Its well established that parties are more likely to reach a compromised settlement if they feel the other side is listening.
One challenging huddle in FCA cases, unlike other civil cases, is the Government has to approve all settlements in case involving the False Claims Act. To achieve a settlement, the best practice is to invite the Government to attend the mediation.
If the Government chooses not to attend the mediation, in cases where the Government has not intervened, it is important keep the Government fully informed in advance of mediation. During the mediation, the mediator should be in frequent contact with the Government to help facilitate the Government’s approval.
If you are considering on becoming a whistleblower, contact Miller Law Group for a free consultation, or call 919-348-4361.