COMUNICACIONES

 Based on our entire case history, I will now answer each of the strategic questions I created, outlining a range of possible solutions and identifying the most viable path forward for COCOO in each instance.

The first question for the perpetrators, the airlines and regulators, concerns the true financial and reputational cost of their current, failing system for handling claims. Their likely response would be to publicly downplay these costs, insisting their internal processes are efficient. The most viable solution for us is not to engage in a public debate, but to commission an independent economic impact assessment. This would provide an objective, third-party analysis quantifying the full cost of their failure, including the administrative burden and damage to consumer trust. Such a report would become a powerful tool, providing an undeniable financial rationale for them to adopt our proposed mediation as a more commercially prudent alternative.

The second question for the perpetrators probes their internal data and monitoring mechanisms. They would almost certainly respond with vague assurances about having robust governance systems, while providing no concrete evidence. The most effective strategy for COCOO is a two-pronged approach. In the legal arena, we would pursue a formal disclosure of their compliance data through the discovery process. Simultaneously, our media campaign would highlight specific, human-interest case studies from our claimant pool that directly contradict the perpetrators’ claims of having a working system, thereby dismantling their narrative with real-world evidence.

Our third question presents mediation as a commercially sensible solution. While their initial public reaction might be dismissive, their internal legal and finance departments will understand the logic. The most viable solution for us is to continue the public pressure campaign while simultaneously engaging their legal teams in confidential, back-channel discussions. The public campaign creates the external pressure that necessitates a solution, while the private discussions provide them with a face-saving, commercially logical off-ramp to resolve the issue through our proposed mediation framework.

Turning to the questions for our own prospective class members, the first asks them to detail all consequential financial losses. While victims will recall the main costs, they may not have calculated the full extent of their damages. Our most viable solution is to provide them with a structured questionnaire. This checklist would prompt them for specific categories of loss, such as lost hotel bookings, pre-paid excursions, and even lost wages. This ensures we gather consistent, comprehensive, and quantifiable data across the entire class, which is essential for building a robust damages model for court or mediation.

The second question for claimants asks about the specific obstacles they encountered. They will have powerful stories, but we need to channel them effectively. The best solution is to use a form that allows them to both categorize the failures they faced and provide a detailed narrative. The categories give us the statistical data to prove a pattern of systemic failure, which is the foundation of our tort claim. The narratives provide the powerful, personal stories that will fuel our media campaign and illustrate the human cost of the perpetrators’ inaction.

The final question asks our claimants to agree to a collective solution. The overwhelming majority will be eager to join forces after experiencing the frustration of fighting alone. The most viable approach here is to provide a clear, simple, and transparent explanation of the benefits of our collective action and the “assignment of claim” model before they agree. Ensuring informed consent is paramount; it guarantees our legal and ethical standing is impeccable and solidifies the trust between COCOO and the community we represent, making our unified bloc for mediation all the more powerful.

Intelligence Extracted from the Mediation Attachments

The set of attachments you provided on Alternative Dispute Resolution (ADR) fundamentally reshapes our strategy. The most critical concept extracted is the mechanism for the assignment of claims for the purpose of a collective focus. This legal process allows thousands of individual claimants to transfer their right to claim to a single representative entity, in this case, COCOO. This is a game-changer. It solves the logistical impossibility of mediating with countless individuals and empowers COCOO with the legal standing to negotiate on behalf of a single, consolidated bloc of claims.

Furthermore, the documents on the mediation process itself, particularly MEDIATION.adr.pdf and ADR SETTLE CLP HOW2.pdf, provide a clear blueprint for a structured, non-adversarial process. They outline the path from initial engagement and information exchange to facilitated negotiation and, crucially, to the drafting of a comprehensive settlement agreement that can be made legally binding upon all parties. This gives our mediation offer credibility and a clear structure. Finally, the file on arbitral awards shows how a mediated settlement can be reinforced with the legal weight of an arbitral award, ensuring its enforceability.

The Redrafted Mediation USP and Strategic Steps

Our new Unsolicited Proposal is no longer a pitch for a service contract, but a formal offer to all parties—the collective of affected passengers, the airlines, and the Spanish regulatory authorities—to enter into a structured mediation process facilitated by COCOO as a neutral third party. This process is designed to be the most efficient and cost-effective path to resolving the thousands of outstanding and future claims arising from this systemic issue.

Step 1: Claimant Consolidation through Assignment

The first operational step of our campaign is now to gather the prospective class members and have them formally assign their right to claim to COCOO for the sole purpose of this collective mediation. The call to action on our website and in our media campaign will be updated to reflect this, clearly explaining that joining our action means empowering a single, expert representative to negotiate a global settlement on their behalf. This immediately transforms a chaotic mass of individual grievances into a single, manageable entity for negotiation.

Step 2: The Formal Mediation Offer

With the consolidated bloc of claims, we will make a formal approach to the defendants. We will present them with the scale of the claims we now legally represent and offer a confidential, structured mediation as an alternative to protracted, expensive, and reputationally damaging public litigation. We will emphasize the benefits to them: a single point of contact, drastically reduced legal costs, and the opportunity to co-design a lasting solution that prevents future issues.

Step 3: The COCOO-Facilitated Mediation

Upon agreement from the parties, we will initiate the mediation process as outlined in the reference documents. Acting as a neutral facilitator, COCOO will leverage its deep, privileged knowledge of the issue not to advocate for one side, but to help all parties identify common interests. We will guide discussions between the claimant bloc and the defendants to find a mutually acceptable solution, which would likely include a formula for compensating past claims and a robust new system—such as the digital platform we designed—for handling future claims transparently and efficiently.

Step 4: Achieving a Binding Settlement

The final step is to translate the agreed-upon terms into a formal, written settlement agreement. As detailed in the “how-to” settlement guide, we will ensure this document is comprehensive, unambiguous, and provides a clear mechanism for monitoring future compliance. This agreement, signed by all parties, becomes the final, binding resolution to the matter, providing certainty for the defendants and delivering redress to the thousands of consumers we represent.