It has been nearly three months since day one of the environmentally tragic oil disaster in the Gulf of Mexico.  News has just arrived that for the first time since the explosion of the Deepwater Horizon drilling rig back in April, the cap placed by BP engineers has successfully stemmed the flow of oil into the Gulf.  While this is not a permanent fix, this gives us all (Gulf residents in particular) hope that the relief wells set to be complete in August will hold and be able to contain this unyielding and unprecedented flow of crude into the Gulf.  Just as the oil continues to flow, the individuals directly affected by the disaster continue to suffer damages.  These individuals must be careful with their choice of remedy for their damages and make an informed decision on how they wish to pursue recovery.

CNN Money reports that Gulf residents are feeling sidled by the fact that “good or bad, BP is the only game in town”.  While Gulf fishers have been having a relatively simpler task of demonstrating their losses, other local businesses like restaurants or fishing charters are having a tough time concretely demonstrating losses like decreases in foot traffic or lower numbers of reservations are caused by the oil spill.  These small business that are looking at the reality of losing future income from individuals, such as returning tourists.  These damages can’t be factored into BP’s hard documentation based claims assessing machine.  Businesses that are in this position can make sure their claims are fairly evaluated by opting to pursue their losses through mediation.  Resolving your claim in front of a CFR Certified Mediator will circumvent your claim getting sidelined as it will require the parties to come together to reach a solution that is agreeable and fair to all parties.

Kenneth Feinberg, the former chair of the 9/11 Victim’s Fund, has been chosen to act as the BP claim czar.  In a recent interview he discussed the limitations he foresees being placed on loss claims.  Most specifically, Feinberg is critical of “public perception” losses.  He cites, for example, a loss to a beach-front resort that does not have tangible oil damage on their shore, but suffers a decrease in business as tourists are wary of the Gulf shores.  These losses, Feinberg degrees, are not going to be compensable.  Only the personal attention your claim with get by mediating with CFR Medication will guarantee your loss is evaluated with the personal attention it deserves.  With CFR Mediation, you can make sure the outcome is one you agree to.

Additionally, Feinberg has indicated that under his charge, the BP fund will not be interested in any “halfway measures”.  This approach forces claimants to make a gamble though, in that claims for losses already incurred will not be paid unless the victim consents to accept an estimate of their future damages and releases BP from all future claims.   This is potentially dangerous to go at alone as you risk substantially undervaluing your claim; opting to mediate with CFR Mediation will ensure neutrality and fairness in evaluating your claim.

It is no secret that BP has an incredibly high volume of claims to evaluate.  CNN Money detailed BP’s early procedure of distributing initial payments to claimants based on estimates supported by minimal documentation.  Most of these payments were uniform.  But, now that BP has become stricter with their claim analysis, more than 45,000 claims have been sidelined awaiting “more documentation”.  By submitting your claim through CFR Mediation you can make sure your claim is individually and honestly evaluated by BP.