Mediators, Expand Your Tool Kit In Complex Litigation

Law360, New York (June 6, 2013, 12:18 PM EDT) -- Mediators must expand their tool kit when attempting to mediate a class action or multidistrict litigation case. There are, of course, no “typical” complex litigation cases. Each is unique. But a mediator needs to recognize the special issues involved in these cases.

Class actions reflect changing styles of litigation since the enactment of the Federal Rules of Civil Procedure, which are governed by Rule 23. State class actions, now severely limited — but not eliminated — by the Class Action Fairness Act (CAFA), fall under each...
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