What’s So Different about Class Action Mediation?

What makes mediating a class action different from mediating an individual case? In both settings, parties seeking to resolve their disputes agree to a non-binding process designed to get them to “yes.” In both settings, the parties engage a third-party neutral who will employ a variety of techniques to reach an accord. And in both settings, the parties are usually represented by counsel who will advocate for them and advise them about the risks and probabilities they face.

But there are also many key differences, some of which firm litigation and class action partner Donald R. Frederico shared during a recent panel discussion at the American Bar Association’s National Institute on Class Actions, including:

  • Timing of the mediation
  • Interests of absent parties
  • Potential for objections
  • Judicial oversight of class settlements
  • Complexities of class settlement terms
  • Realignment of the parties’ interests
  • Potential need for multiple mediation sessions
  • Selecting the mediator

Please visit Don’s Class Action Settlements and Mediation blog for details on these and other important differences between class action and individual case mediations.

For more information about the firm’s class action defense or class action mediation practice, please contact Don Frederico at 617.488.8141 or dfrederico@pierceatwood.com.