Mediation for Improved Class Action Settlements: Timing, Process, Insurance, Techniques, Critical Terms
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with an in-depth understanding of class action mediation and its value in getting relief to plaintiffs and finality for defendants. An experienced class action mediator can be critical to not only resolving the issues between plaintiffs and defendants but also in addressing unique problems that may arise among plaintiffs' counsel. If insurers are involved in the settlement, they may have different agendas than their policyholders. As important as these benefits are, however, the use of mediation may also be critical to persuading the court that the conditions in Rule 23(e) are satisfied, that notice of a proposed settlement is appropriate, and that the settlement should receive final approval.
- Timing of mediation
- The role of insurance
- Process-related issues
- Negotiation techniques
- Role of the mediator
This panel will review these and other issues that may arise in mediation:
- Balancing the costs of litigation against risk management decisions with limited information
- How to conduct the risk analysis
- Dealing with insurer vs. insured dynamics
- What to do when the parties seem hopelessly apart
- When should the mediator make a settlement proposal?
- What key terms should be documented in a mediation term sheet?
Donald R. (Don) Frederico
Mr. Frederico leads Pierce Atwood's class action defense practice, which has received a National Tier One ranking... | Read More
Mr. Frederico leads Pierce Atwood's class action defense practice, which has received a National Tier One ranking since 2017 in U.S. News-Best Lawyers "Best Law Firms" reports. A senior trial attorney with more than three decades of courtroom experience, he has represented defendants in a wide array of class actions in federal and state court, including in such areas as consumer fraud, product liability, labor and employment, environmental and toxic torts, antitrust, and civil RICO.Close
Bryan Schwartz Law
Mr. Schwartz has represented clients' interests before a wide range of adjudicative bodies: from the United States... | Read More
Mr. Schwartz has represented clients' interests before a wide range of adjudicative bodies: from the United States District Court, to United States Courts of Appeals; from California Superior Courts to the California Supreme Court; from the Equal Employment Opportunity Commission, to the Merit Systems Protection Board; from the United States Department of Labor, to labor arbitration before the American Arbitration Association and other organizations. He has helped many grateful clients get their careers back on track after employer wrongdoing derailed them, obtaining tens of millions in recovery for employees across the country.Close