Default Participation Agreement

This is the default Cybersettle participation agreement. Some cases may have different terms and conditions associated with them. Please check the participation agreement carefully before engaging any case.

PLEASE NOTE: The Cybersettle Participation Agreement was modified on July 01, 2009.

Material terms may have been altered. If this is the first time you are seeing this notice, we ask you to please re-read the agreement below.

I/We agree to participate in the Cybersettle, Inc. ("Cybersettle") online dispute resolution system ("the system") subject to the following Terms of Service that I/We have read and fully understood:

  • I/We warrant, represent, affirm and agree to be legally bound by all of the provisions herein.
  • The Sponsor is the party initiating settlement on the system. The Respondent is the party that engages the system after notification that the opposition has submitted figures.
  • I am either an attorney / agent of the claimant or a claims professional, manager, or other agent of the defendant; or third party defendant authorized to settle on Cybersettle the dispute(s) referenced by the information I will be submitting into the system.
    I am either an attorney / agent of the claimant, unrepresented claimant or a claims professional, manager, or other agent of the defendant; or third party defendant authorized to settle on Cybersettle the dispute(s) referenced by the information I will be submitting into the system.
  • The Sponsor submits three rounds of proposed settlement amounts or "bids". These will either be Maximum Offers (when submitted by an insurance carrier, defendant, or agent of defendant) or Demands (when submitted by an attorney or agent of claimant) into the system. Each bid is linked to a specific round (Round 1, Round 2 or Round 3). A round is an opportunity to settle the claim. No bid for any round can be changed once the Respondent "engages" by submitting his or her first bid.
  • Cybersettle will provide the Respondent up to four rounds (opportunities to settle the claim) that the Respondent must complete within a settlement period set by the Sponsor and transmitted to the Respondent. The Respondent rounds may, however, be submitted during different user sessions.
  • The Offers and Demands submitted are always confidential and are never released or revealed to the opposing side. Further, Cybersettle’s customer service representatives cannot access the numbers users submit on the system.
  • The claim shall only settle for an amount acceptable to both the Sponsor and the Respondent, determined as follows: if the Demand for a round is less than the Maximum Offer for that round, the claim is settled for the average of the Demand and the Maximum Offer, but not to exceed the calculated Maximum Settlement Amount. If the Demand exceeds the Maximum Offer, the claim will not settle. With regard to No Fault Auto claims,settlement is determined as follows: if the Demand for a round does not exceed the Maximum Offer for that round, then the case is settled for the full amount of the Demand.
  • All parties that will use the system acknowledge that they have reviewed the "Cybersettle.com" Web site and illustrations contained in the section entitled "How It Works". All parties further acknowledge that by participating in the system, they understand and accept this settlement method.
  • Any settlement shall be final and binding upon the parties, subject only to the review of a court or other entity where required.
  • Any settlement shall be an absolute bar to any further claim or cause of action relating to or arising from the facts alleged in the claim as against those parties participating in the system. Any settlement herein shall also include any and all derivative claims arising from the same occurrence (i.e. loss of consortium or loss of services). The amount of the settlement includes any and all legal fees and expenses and neither side may make a claim against the other for any additional fees or expenses.
  • Parties participating in the system agree to pay the settlement fees as indicated on the Cybersettle.com Web site. If there is a separate, valid contract between insurance carrier / defendant and Cybersettle outlining fees and duration it shall supersede the Web site pricing. If the submitted claim is for worker’s compensation in a state that prohibits charging a fee to claimants for this type of service, then there shall be no fee charged to the claimant.
  • Parties agree that the bids entered into the system shall not be discoverable by the opposing party in any legal proceeding.
  • Upon reaching a settlement, the attorney / agent of claimant shall promptly deliver to the insurance carrier / defendant or agent of defendant all necessary legal documents to effectuate and finalize the settlement and shall discontinue any pending litigation or arbitration proceeding.
  • This agreement represents parties’ full and complete understanding and may not be orally modified.
  • Notwithstanding anything contained herein or expressed on the service to the contrary, any jury verdict, judgment, or court order dismissing the claim or determining the amount prior to a settlement hereunder shall immediately terminate all settlement Offers and any settlement reached hereunder after such jury verdict, judgment or Court order shall be null and void and of no force and effect.