The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association.
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 bring them together, then separate them, then bring them together again, employing 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.
So, again, what makes mediating a class action different from mediating an individual case? Plenty. Here are some of the key differences.
The Timing of the Mediation
Class action litigation shares many of the attributes of individual litigation. It begins with the filing of a complaint, is often