Brenda Weiss, Senior Director, Client Services, Canada: Three key aspects should be considered when handling trauma-informed settlements to ensure the process is sensitive to the needs of the individuals who have experienced trauma: 1) implementing special considerations into the settlement criteria and processes; 2) selecting the appropriate communication methods and language used to communicate with class members; and 3) selecting an administrator that has the necessary expertise to correctly handle trauma-informed settlements.

Settlement criteria. Based on experience garnered by our dedicated Canadian team, it is critical the settlement process be designed to avoid retraumatizing individuals. Each claimant’s trauma experience is unique, so the settlement process should be flexible where possible while maintaining the integrity of the settlement. This may involve an extended claims filing period or providing access to restorative support services to allow claimants time to process their emotions as they navigate the claims process.

Communication methods. Careful consideration should be given when identifying the criteria for claims filing and the feasibility of acquiring and providing proof for claims. The time elapsed since the traumatic event can make obtaining proof difficult or traumatic, potentially hindering claimants from filing a claim.

As a result, the process for filing a claim should be as straightforward as possible and include language that is mindful, transparent, and clear to build trust. Claimants should be kept informed about the process, timelines, and any potential delays to avoid uncertainty and anxiety.

Selecting an administrator. It is critical that administration staff members have had, or be provided, specialized training for handling trauma-informed settlements. This type of training enables them to understand the impact of trauma, interact appropriately with claimants to avoid triggering traumatic memories, and to employ strategies to protect themselves from secondary trauma.

By incorporating these important considerations, the settlement process will be supportive of those who have experienced trauma.

Matt Keeling, Director of Operations, Client Services, Canada: Understanding the type of trauma involved with a settlement, how it may manifest when dealing with claimants, and relying on our experience with handling trauma-informed matters underpins Epiq’s administration process. 

At the start of a new case, we familiarize our team with the type of trauma involved and what class members have been through.

Next, we prepare for navigating communications with class members. This includes determining and recognizing triggers and knowing how to de-escalate a potentially volatile situation. Because language choice and tone are a critical part of this process, we work with our staff on how to avoid phrases or words the claimant could perceive as insensitive or worse: re-triggering or traumatizing.

Ultimately, for each interaction with a class member, we want to ensure the claimant feels like they’re in a safe and supportive environment, since talking about their experiences will often bring up some of the worst moments and memories in their lives.

Our Canadian team relies on its in-depth experience when working with class members, including work on numerous trauma-informed settlements, such as:

• Canadian Armed Forces and Department of National Defence (settlement regarding sexual assault, sexual harassment, and/or discrimination);
• Brazeau; Reddock and Gallone (settlements regarding segregation in federal correctional institutions); and
• Ontario Admin Segregation (settlement regarding inmate segregation)

This allows us to ensure each case is staffed with trained and experienced team members who are adept at dealing with the unique aspects of handling these cases.

Proper handling of all these considerations is a challenging aspect of administering trauma-informed settlements.

Tieya Lacroix, Director, Client Services, Canada: At Epiq, we focus on the “4 Rs” of a trauma-informed response: realize, recognize, respond, and resist re-traumatization. This ensures the settlement administration process is compassionate and supportive of those who have experienced trauma.

Realize. We train our teams to acknowledge that trauma is common and can affect anyone.

Recognize. We coach our teams on how to identify the signs and symptoms of trauma in clients, families, staff, and others involved with the administration process. Sometimes, claimants may not know about the settlement until they receive notice, and some may have never told their story. As a result, our team members are prepared to actively listen and be patient and flexible when claimants reach out regarding their claims or questions.

Respond. We integrate knowledge about trauma into our policies, procedures, and practices at the onset of a project, within the guidelines of the court-approved settlement agreement.

For example, if a class is predominantly female, consideration should be given to staffing our teams with mostly female staff for those that will have direct contact with survivors. We have found that having qualified support resources established for claimants helps them navigate grief.

Resist re-traumatization. We focus on creating safe environments and practices that do not inadvertently trigger traumatic memories or responses.  

The earlier we collaborate with counsel for the parties to discuss the particular aspects of the class, the better we can tailor the administration to the needs of the specific class. This allows for the administration to be more compassionate, supportive, and efficient for class members.

It also helps for estimating the process and costs associated with handling the administration, which may maximize recovery for the class members, and ultimately lead to better outcomes for all parties involved.

Karen Martel, Settlement Project Manager, Client Services, Canada: Epiq’s teams are experts in handling class action settlements and funding programs for trauma survivors in Canada and beyond. Two critical aspects of administering these types of matters are developing a claims process that is survivor-focused and equipping our teams with appropriate training.

We manage the complexity of handling trauma-informed settlements by working with counsel for the parties to understand the culture, experience, and specific needs of the claimants.

In our experience, the risk of re-traumatizing survivors can be minimized with careful claim form development, including content warnings, sensitive language, and clear, straightforward instructions. Recounting their experiences as part of filing a claim form can be incredibly difficult for survivors. Epiq offers support to claimants through a dedicated team and direct or indirect referrals to mental health and wellness resources.

Our administration process embodies a “we-believe-you” approach for trauma-informed claimants, so they feel heard and validated. It is important to use claims evaluation processes that are carefully designed to make reasonable inferences on behalf of the claimant, while preserving the integrity of the process through consistent evaluation criteria and transparent communication with claimants. This can include allowing harmonized proof such as a declaration or secondary medical evidence to be provided by claimants where they are not able to provide other evidence for their claim.

Administering trauma-informed settlements demands responsibility and dedication. Our team members undergo specialized training to understand the culture of the survivors and the principles of trauma, both direct and vicarious. Building this foundation enhances fairness and accountability within our administration process. Epiq’s experienced team is equipped to handle these cases with compassion and proficiency. 

While no amount of compensation can erase the harms endured, a fair and compassionate administration process serves an important symbolic role to promote healing.