Association of American Law Schools
2003 Annual Meeting
Washington, D.C.
Thursday, January 2 - Sunday, January 5, 2003

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Friday
Annual
Meeting
Home 		Friday, January 3, 2003
8:45 a.m.-5:30 p.m.
 Annual Meeting Workshop on Dispute Resolution:
Raising the Bar and Enlarging the Canon

Concurrent Session: Mass Torts and Class Actions

Mediating Class Actions


Linda R. Singer
ADR Associates, L.L.C.
Washington, D.C.

 

  1. Substantive areas where class actions have been or could be mediated
    1. Employment
    2. Other civil rights
    3. Consumer
    4. Securities
    5. Mass Torts

  2. Mediator's role in determing who is at the table
    1. Class representatives?
    2. Experts?

  3. Order of issues
    1. Monetary relief
    2. Injunctive relief

  4. Relationships among negotiators and between negotiators and mediator

  5. Communicating with parties not at the table
    1. Mediator's role
    2. How confidential?

  6. Mediator's role in communicating with court

  7. Agreements in principle

  8. Mediator's role at fairness hearing

  9. Post settlement claims procedures
    1. Fixed fund or open-ended
    2. Allocation by plaintiffs or neutral(s)
    3. Allocation processes

    Degrees of formality
    Benchmarking
    Appeals
    Roles for neutrals

  10. Implications for teaching and research

 

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