With a few clicks, you can avoid all of the worst parts of traditional negotiation and mediation, meet your client’s goals, and be a hero by saving time, money, and headaches.

Backchanneling is easy and efficient, especially compared to a day of mediation. There is no downside to you or your clients.

Starting is Simple!

GET BACKCHANNELING TODAY

CREATE AN ACCOUNT

Making an account is free. Simply answer a few basic questions to get started.

ADD THE MATTER TO RESOLVE

Adding your case to Backchannel is quick and easy.

INVITE THE OTHER PARTY

If the other party does not have an account with Backchannel, they will be sent an email to create an account. Then you can start working towards an agreement.

Once you’ve got your matter and your counterparty, it is time to start Backchanneling.

Step 1 – Decide what you are negotiating.

At this stage, Backchannel will ask you whether you and your counterparty have agreed to any non-monetary terms. This means things like what claims are being settled, confidentiality, non-disparagement, etc.

You can do this with a formal settlement agreement or an MOU. Or, you can skip this Step if both parties agree.

Step 2 – Input your confidential offer or demand.

This is where the magic happens. In traditional negotiation, neither party wants to give up any negotiating position or leverage. That makes perfect sense. As a result, the sides exchange unrealistic offers or demands along with, usually, inflammatory letters or conversations through a mediator.

But, here, you can put in your real number—what would you actually be willing to pay or accept to get rid of this dispute?—without the other side or even a mediator knowing. If both sides have done their homework and are realistic about case value, there is often a match.

After 48 hours, if there is an exact match, the parties will be notified, and a deal will be struck. Congratulations! You just saved your client time, money, and headaches.

If there is an overlap in the numbers, the system uses a process to select a random number within the overlap. Now, you’re a real hero! In all likelihood, you just got your client a better deal than he or she was expecting.

If there isn’t a match yet, don’t worry. It is time for Step 3.

Step 3 – Adjust your numbers.

So, there wasn’t a match at Step 2. No problem. Step 3 gives you a chance to reassess, share information with the other side, and get to a deal.

Now, it is time for both parties to adjust their numbers. Parties can change their offers or demands at any point during the 30-day negotiation period. Again, these numbers are secret, so your negotiating position is safe. You don’t have to change your number, but it would certainly increase your chances of getting a deal. At this step, Backchannel will check for a match each time someone changes their number.

The same matching process plays out as Step 2 if there is a match or overlap in the numbers. In Step 2, however, Backchannel rewards the most reasonable party by implementing a 5% bonus to the party that got to the dealmaking number first. This means a defendant will pay 5% less, or a plaintiff will receive 5% more.

If there is still no match, it is likely that the case just isn’t ready to settle yet. Everyone’s expectations are too far off. Don’t sweat it. Come back later in the case. Or keep Backchannel running in the background as you continue to litigate. The beauty of Backchannel is that it is so effective and efficient in terms of fees, costs, and time that you can try for a deal at any point without having to waste time preparing for and attending tedious mediation days or engaging in phone calls full of bluster and accusations. If it takes a second try, you’ve still won.

GET STARTED WITH A CASE