News & Analysis as of

Mediation Settlement

Australian Appeal Court Endorses Class Action Closure Process but with Warnings

by Jones Day on

Recently, in Jones v Treasury Wine Estates Limited (No 2) [2017] FCA 296, the Federal Court deviated from past class action practice. Registration was required to facilitate a mediation and group members could only...more

Class Action Settlement Checklist

by JAMS on

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...more

Best in Law: Want to Cut Legal Costs? Avoid Litigation

by Best Best & Krieger LLP on

BB&K Partner Lauren Strickroth Provides Litigation Cost-Saving Tips in the Press-Enterprise - The best strategy to minimize the cost of litigation is to avoid it altogether. Many businesses, trustees or individuals...more

Mediated Agreements and Magic Words: Admissibility of Mediated Settlements of California State Law Claims in Federal Court

Does federal common law govern admissibility in federal court of a written agreement reached during mediation that resolves both California and federal law claims, even when only state law claims remain pending at the time of...more

5 Wishes for Securities Litigation Defense: Early Damages Analysis and Discovery

The fifth of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is to move securities class action damages expert reports and discovery ahead of fact discovery. This simple change would allow the...more

Right to Sue Letter From the EEOC, Now What?

by Jaburg Wilk on

A Right to Sue Letter was issued from the Equal Employment Opportunity Commission("EEOC") or the Arizona Civil Rights Division ("ACRD"), and you are not sure what to do next. Here are some things to consider. ...more

EEOC Sues Midwest Freight Systems for Breach of Mediation Agreement

Company Refused to Honor Agreement to Pay Monetary Relief to Charging Party, Federal Agency Charges - DETROIT - Midwest Freight Systems Corporation, a freight transportation company with headquarters in Warren, Mich.,...more

Judges Disclose How They Prep Complex Cases For Settlement

by JAMS on

From employment-related class action suits and racial discrimination cases to movie studio executives in dispute with producers over a ?lm in the entertainment industry, mediation is becoming the preferred way to avoid costly...more

Eleventh Circuit’s Liberal Reading of Bonner Mall a Game Changer for Class Actions?

by Carlton Fields on

An Eleventh Circuit panel recently vacated two district court orders after sending the parties to mediation, and after the parties’ conditioned settlement on vacatur of the orders. In Hartford Casualty Insurance Company v....more

Seventh Circuit Reinforces the Importance of Memorializing Agreements in Mediation

by Foley & Lardner LLP on

Put it in writing. How many times have those four words been uttered in the course of commerce? Many more than we care to count, to be sure. For the fact remains that the act of putting pen to paper, ribbon to...more

Make the Most of your Mediation: The Employment Case

by JAMS on

Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort. Yet, it’s no easy thing to settle...more

Don’t Let Coverage Issue Delay Settlement

by JAMS on

There are a number of steps in-house counsel can take to increase the likelihood of mediation while working with outside counsel on cases defended by carriers. Some mediations directly involve insurance, such as those...more

Make the Most of Your Mediation – The Personal Injury Case

by JAMS on

Doesn’t it seem like all personal injury cases should settle at mediation? Due to the mountain of available data, there is much more predictability with the outcome of PI cases than with other civil cases. Yet it still...more

Mediation plus: Don’t leave money on the table - Two approaches to modifying mediation in difficult-to-settle cases

by JAMS on

Mediation is the most widely used ADR approach today and has been for the past generation. In the course of becoming widespread it has also become predictable. It has become predictable that last month one party told me a...more

Let’s Settle This PI Case! - When it comes to personal injury mediation, there are no “rules” but there are mistakes

by JAMS on

A well-regarded plaintiff personal injury attorney asked me why he was having trouble settling cases at mediation. Although my experience in mediation is that the cases are settling, discussions with others suggest there are...more

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Another lesson about clarity in settlements: employer may file WSIB appeal after mediated settlement, despite union’s objection

by Dentons on

An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation. The union had filed...more

Should a Mediator Ever Make a Settlement Proposal to the Parties?

by Foley & Lardner LLP on

Mediators are neutrals. A mediator is not a fact-finder, and should not act as a judge to decide the merits of a case. The role of a mediator is to be a facilitator, to assist the parties in finding a mutually acceptable...more

Business Court Refuses To Unwind Mediated Settlement Agreement

by Brooks Pierce on

The Defendants in last week's decision in DeCristoforo v. Givens, 2015 NCBC 53 were hellbent on getting out from under a settlement they had agreed to at mediation. They offered a host of challenges to the validity of their...more

Mediation- How Much Agreement Do You Really Need?

The goal of mediation is to settle the case, not to reach agreement on all areas of controversy. It is worth noting that the parties can reach a settlement even while remaining steadfast in their disagreement about the...more

Mediation Pilot Program Caps Year of OSC Enforcement Developments

On May 1, 2015, the Enforcement Branch of the Ontario Securities Commission (OSC) will launch a mediation pilot program. This program caps a year that has seen significant changes to the OSC’s approach to initiating and...more

Make the Most of Your Mediation: Seal the Deal

by JAMS on

It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just...more

Mediation Decision-Makers Need “Decision-Quality Information”

by JAMS on

The decision on when to mediate is an important one. Indeed, one of the most common reasons why cases do not settle is because the parties tried to mediate too early in the dispute process. When is the right time to mediate?...more

The Jury is Still Out On The Effectiveness Of The “Calderon Process”

by Nossaman LLP on

The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction...more

EEOC Sues Kone for Retaliation and Breach of Mediation Agreement

Elevator Manufacturer Refused to Rehire Applicant in Retaliation for a Previous Discrimination Complaint, Federal Agency Charges - MEMPHIS, Tenn. - Kone, Inc., a manufacturer and servicer of elevators and escalators,...more

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