Court Mediation Explained
Frequently Asked Questions
The evaluation process for determining suitability of a litigation/proposed litigation for litigation finance through NLP involves assessing cases to determine their viability for funding. While the exact markers/thresholds for determining such suitability are confidential, below is ageneric summary of the same:
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Preliminary Screening – Stage 1
- Case Type: NLP only accepts disputes falling within certain categories. If not, the case will not be considered.
- Jurisdiction: NLP accepts disputes pertaining only to certain jurisdictions within India.
- Claimant & Defendant Profile: Assess credibility, financial standing, and background of parties involved.
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Merit Screening – Stage 2
- Legal Strength: NLP analyses the foundation, precedents, and probability of success. Cases below threshold are not accepted.
- Adequacy of Documentation/Evidence: Case must be well supported by contracts, communications, and strong evidence.
- Legal Representation: Experience and track record of the lawyer/legal team are assessed. Weak representation disqualifies the case.
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Financial Assessment – Stage 3
- Claim Value: Expected damages or settlement must cross a minimum threshold.
- Defendant’s Ability to Pay: Defendant must have assets/insurance to cover potential decretal/settlement amount.
- Costs & ROI: NLP calculates legal costs, litigation duration, and expected ROI. If ROI falls below threshold, funding is not considered.
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Risk Assessment – Stage 4
- Legal Risks: Procedural issues, jurisdictional risks, counterclaims, and appeals are considered.
- Reputation Risks: Any ethical or reputational concerns may disqualify the case.
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Investment Decision – Stage 5
- Approval Committee Review: A team of legal and financial experts makes the final decision.
- Funding Agreement Structuring: Define amount, repayment terms, ROI %, and withdrawal/termination conditions.
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