Toxic tort cases are often highly complex and may involve multiple parties and jurisdiction.  These characteristics require the application of multiple approaches, often involving a combination of joint sessions and private caucuses to secure a favorable outcome.  If the parties are able to compromise and consider each other’s positions, they may be able to craft unique outcomes, such as:

Development of Cleanup Plans

Environmental consultants may help the parties determine the scope and manner of the cleanup so that the parties can have a hand-tailored resolution for their toxic tort case.  A mediator can help the parties allocate responsibilities between them so that all responsible parties are part of the resolution.  The parties may separately determine how responsible each party is for the spill or pollution and then go back and forth between the parties to adjust these figures.

Purchase of Property

In some instances, the responsible party may agree to re-purchase contaminated property from the plaintiff.  This unique approach allows the parties to rewind time so that they can go back to the positions that they had before any transaction occurred between them.  This may allow the defendant to correct the environmental issue.  This allows the seller to invest funds in resolving the environmental issue while also allowing the buyer to recuperate his or her investment.

Modified Agreement

The parties may ultimately agree to modify a contract that they had or to alter a regulation.  A regulatory agency and a party involved in a dispute may agree to a joint study to determine if the current regulation is based on sound scientific principles and to give them an opportunity to adjust.  This approach may allow the parties to maintain a relationship with each other, to keep a contract in place and to conclude their business together without fear of litigation.