As most attorneys are aware, the settlement of a class action can be quite complicated. Unlike “one vs. one” cases, class actions involve terms that go beyond simple dollars and cents issues. This is particularly true since trial courts are known to carefully scrutinize proposed settlements at the preliminary approval stage.

The purpose of the following Checklist is to provide the class action practitioner with a list of settlement related topics to be considered during the mediation negotiation process. While it is certainly likely that not all of these items will come into play in every class action, and this list is not meant to be all-inclusive, it is hoped that the list will serve as a tool that will help counsel avoid unnecessary pitfalls. It is also hoped that attorneys will consider addressing some or all of these matters in a Memorandum of Understanding (MOU) to be executed at the conclusion of the mediation.