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Mediating Class Action and High Stakes Settlements: Best Practices for Maximizing Success

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Overview

On the surface, class action mediations may appear to work in the same manner as individual cases, with parties looking to resolve their dispute more efficiently, in a non-binding process designed to achieve a mutually agreeable outcome before a neutral third party. However, the high-stakes nature of class actions brings added layers of complexity that can significantly impede success. Often facing "bet-the-company" liability when defending these matters, litigators and their clients may feel overwhelmed by how to approach and negotiate a settlement on a class-wide basis. 

Targeted to litigators with a focus on class action defense, this program will discuss key considerations and best practices to maximize success in resolving class actions during mediation, including selecting the right neutral, thorough preparation and identification of critical impasse issues, and crafting a comprehensive term sheet from which the parties can negotiate and work to overcome gridlock points.


Learning Objectives:

  1. Identify important factors in selecting the right neutral

  2. Learn how to prepare both the neutral and disputing parties for mediation

  3. Understand the ways in which emotions can impact both the process and outcome of the mediation

  4. Develop comprehensive term sheets targeted for success 

  5. Discover why keeping negotiations open after mediation can help achieve resolution


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