Class action mediation cases present a high degree of difficulty because of the technical nature of the underlying substantive cases, the great number of claimants, the complexity of discovery and the claims process generally, settlement administration, the setting and award of fees, dealing with objections, and many other procedural issues.
Class action mediation can arise in a variety of substantive legal areas, including commercial, employment, insurance, banking and all varieties of product liability, among others.
Class action mediation requires a mediator schooled in the special issues and challenges class actions present. It is a highly specialized field, both in terms of attorneys representing claimants and those representing defendants, and from the mediator’s perspective as well.
It takes a trained, experienced class action mediator neutral to help the parties truly see the strengths and weaknesses of their case, reasonably evaluate likely outcomes, and creatively fashion settlement strategies that effectively address the interests of all sides to the class-action mediation. We understand that any class action mediation agreement will be tested in a Fairness Hearing, and know how to assist in fashioning a settlement that will be approved. We have been selected as special masters following class action mediation settlements to hear and decide claims disputes under the settlement agreement or consent decree.