Notable U.S. Mediation Cases

Notable Mediation Cases from Around the U.S.

  • After a year of mediation, insurance broker
    Marsh & McClennan agrees to pay $400 million to
    settle class action claims of bid-rigging. AmLawDaily (November 13, 2009)

  • Comverse agrees in mediation to pay $225 million
    to resolve a securities class action case over backdated stock options. The long mediation first determined the
    amount of settlement and then determined how payment would be made, with a
    contingency plan in case the initial approach doesn’t work. Out of 39 options backdating class actions,
    22 have now settled, nine have been dismissed and nine are still pending. AmLaw Litigation Daily (December 18, 2009)

  • The Kansas Attorney General announced that
    successful mediation has prevented the closing of the only hospital in


    Pawnee

    County. While several due diligence and approval
    steps remain, transfer of ownership is to be completed by March 1. Hutch
    News.com
    (December 23, 2009)

  • A dispute over the terms for ongoing rebroadcast
    of Sinclair signals over Mediacom stations – including New Year’s bowl games –
    resulted in mediation that was not immediately successful but was followed by
    postponement of the December 31 deadline and ultimate agreement. PNJ.com (December 22, 2009); TH
    Online
    (December 31, 2009); National
    Journal.com
    (January 7, 2010)

  • San Diego Gas & Electric Co. has begun a four month mediation with county officials, school
    leaders, consumer advocates and firefighters to determine how to balance
    cutting power to prevent wildfires against the burden on users of
    electricity. The California Public
    Utilities Commission encouraged a better balancing, finding the initial
    proposal to cut power during certain weather conditions ill-conceived. Sign
    on San Diego.com
    (December 19, 2009)

  • County government and public school officials
    mediated for ten hours, but could not resolve a dispute over collecting taxes
    for the school district, which one party lamented was a $7,000 issue that was
    likely to cost $300,000 to $400,000 to litigate. Beeville
    Bee
    (December 21, 2009)

  • A town meeting is scheduled to discuss an
    agreement reached in mediation between the town and a former secretary who was
    awarded $1.3 million after suing under the state’s whistleblower act. The town’s insurance will pay at least 50% of
    the settlement, leaving the town to pay no more than $450,000. The Board of Selectmen must approve any
    settlement before it is final, but doesn’t plan to act until after the
    informational town meeting. Norwich
    Bulletin
    (December 14, 2009); Norwich
    Bulletin
    (December 16, 2009)

  • Mediation over attorneys’ fees yields $190,000
    for ACLU’s efforts in bringing a class action against the county for conditions
    in the county jail. The Canyon County,
    Idaho board unanimously approved the compromise to keep from further increasing
    costs. Idaho Statesman (November 19, 2009)

  • Litigation has been filed seeking a new
    evaluation of the Federal Highway Administration’s plans for the Ohio River
    Bridges Project, which is likely to cost over $4.1 billion. Both sides have agreed to seek the help of a
    mediator to try to resolve the matter. Courier-Journal (December 23, 2009)
    (Subscription Required)

  • Racially motivated attacks on three Asian
    college students resulted in a confidential agreement between the victims and
    four attackers after months of mediation. Despite the voluntary nature of the settlement, a national civil rights
    organization complained about the secrecy of the process and the need for
    publicizing the consequences to deter similar behavior. Lancaster Online.com (December 20, 2009)

  • The mediation program instituted in 2008 for


    Montana grain shippers
    to resolve disputes over grain freight rates with BNSF Railway has been
    triggered by a signed complaint from a wheat producer. Under the program, the issues will be
    mediated within thirty days and, if not resolved, will then go to binding
    arbitration. Great Falls Tribune (November 24, 2009)



  • Louisiana is
    seeking mediation over the refusal of the U.S. Army Corps of Engineers to use
    the 60 million tons of sediment dredged from the lower

    Mississippi
    River each year to rebuild wetlands due to higher expense. The Coastal Zone Management Act permits a
    state to seek mediation if federal action is inconsistent with the state’s
    coastal management plan. Huffington Post (November 24, 2009); Nola.com (November 29, 2009)

  • Mediation is scheduled between the homeowners of
    two islands and a local government in


    Florida
    about where sand to be dredged from Destin harbor by the U.S. Army Corps of
    Engineers should be placed; both islands seek beach replenishment. Destin
    Log
    (December 18, 2009)

                            author

    Keith Seat

    Keith L. Seat is a full-time mediator and arbitrator who can effectively assist parties in resolving a wide range of telecommunications, antitrust and other commercial disputes. With over twenty years of legal experience as a mediator, arbitrator, litigator, advocate before executive branch agencies, and key staffer in the legislative and… MORE >

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