Littleton Alternative Dispute Resolution, Inc. offers class action mediation across the country. Our trained and impartial mediators help parties reach a resolution to the class action dispute voluntarily. We provide an environment for creative problem solving, encourage both sides to share their settlement positions, and guide the conversation to assist parties in achieving an amicable and fair outcome.
About Class Action Lawsuits
Class Action lawsuits typically involve multiple lawyers and hundreds of plaintiffs with varied claims and damages. This type of lawsuit is ideal for a group of people who have sustained similar injuries or damage due to the actions of the defendant.
An example of a class action lawsuit is employees complaining about withheld wages or a dispute over the calculation of working hours. It may also involve issues with overtime pay, eligibility for certain benefits, and in some cases, issues of employees being affected by a work policy or a decision of a supervisor.
What happens in a class action mediation?
Mediation is an alternative dispute resolution method wherein a neutral third party or a mediator facilitates negotiations between the parties. Unlike in a lawsuit, mediation promotes flexible and voluntary resolution of disputes. It gives both parties greater control of the outcomes and leads to less financial burden than litigation.
In most cases, the parties involved in a mediation are the plaintiff, the plaintiff’s lawyer, the defense attorney, the mediator, and an insurance adjuster from the defendant’s insurance company.
Mediation is non-binding, meaning a decision cannot be forced upon the parties. For any settlement to be finalized, both parties must voluntarily agree to its terms.
It is also a confidential procedure, encouraging honesty and openness in the process. The parties can rest assured that any proposals or offers for settlement cannot be used in subsequent arbitration or litigation.
The Complexity of Class Action Lawsuits
These cases present a high degree of difficulty and complexity due to the great number of claimants, underlying substantive claims, settlement administration, setting and awarding of fees, and objections, among others.
When ripe for settlement, their complexity requires a mediator with an expert understanding of employment law, the skills to fully grasp the issues and engage all the players in negotiation, and the tenacity to persevere when class action mediation can stretch over weeks or months.
Involving a mediator in a class action lawsuit is advisable. Judges are more comfortable in approving a settlement when a mediator is present. Given that the negotiations involved in a class-action suit have a lot of moving parts, having someone in the middle can make the settlement process less overwhelming.
Understanding the class action mediation process
Mediation is a multi-step process designed to resolve class actions minus the stress, expenses, and delays that come with court proceedings.
While it is less formal than litigation or arbitration, mediation offers a flexible solution for parties whose ultimate goal is settlement. Without the strict rules and structures of court, parties can discuss and settle disputes in a fair and amicable manner.
- Proposing the mediation process
- Choosing representation (may or may not be an attorney)
- Appointing the employment mediator
- Establishing the ground rules of the mediation process
- Submission to the mediator
- Negotiation of settlement terms
- Settlement
In a class action, mediation is ideal after at least some discovery has been performed and before the court decides class certification. If mediation is unsuccessful, parties may still schedule another mediation before or after a ruling or summary judgment motion has been made.
Katy Miller Brings Experience to Complex Cases
Attorney-Neutral Katy Miller Brings Experience to Class Action Mediation. Not all mediators in Colorado have class action experience. The peculiarities of procedural settlements in a class action lawsuit make it important to select a mediator particularly knowledgeable in class action.
Katy Miller mediates Class Action employment and wage and hour cases in Denver and throughout the country. She brings to her role as attorney-neutral more than 25 years’ experience litigating employment disputes, including Class Action lawsuits. Since founding Littleton Alternative Dispute Resolution, Inc. in 1997 she now works exclusively as a neutral, including in Class Actions
Not all mediators in Colorado have class action experience. The peculiarities of procedural settlements in a class action lawsuit make it important to select a mediator particularly knowledgeable in class action.
It is wise to have a mediator with a general understanding of the business implications of settlements and experience in adjudicating complex business disputes.
Katy Miller mediates Class Action employment and wage and hour cases in Denver and throughout the country. She brings to her role as attorney-neutral more than 25 years’ experience litigating employment disputes, including Class Action lawsuits. Since founding Littleton Alternative Dispute Resolution, Inc. in 1997 she now works exclusively as a neutral, including in Class Actions
Our Mediators Use Their Experience To Negotiate Settlement in Complex Class Actions
Katy works with many repeat clients, including the EEOC which has hired Katy to mediate cases in which the EEOC represents the class. As an attorney who litigated a number of class actions, Katy understands that any class action agreement will be tested at a Fairness Hearing, and she assists the parties to negotiate fair agreements that will be approved by the Court. She has been selected following settlement as the Master who will hear and decide claims disputes under the Settlement Agreements or Consent Decrees.
Our Legal Team
Kathryn E. Miller
Attorney Katy Miller specializes in discrimination cases, class actions, and wrongful termination. From the hundreds of cases she has handled, 90% have been successfully resolved through mediation. She is currently part of the arbitration panel for labor and employment cases of the American Arbitration Association.
Katy has also mediated cases for the Office of Dispute Resolution for the State of Colorado and the EEOC.
Gary M. Clexton
Attorney Gary Clexton boasts an AV rating for over 10 years and was selected as a Super Lawyer in employment law in 2012. Apart from handling private mediations in civil cases, he was also a volunteer mediator for Jefferson County Mediation Services.
Michael P. Miller
Attorney Mike Miller is an experienced litigator and attorney-neutral. He specializes in family and commercial law, helping individuals, companies, and couples peacefully settle disputes outside the courtroom.
Mike is a member of the Colorado Bar Association, the Colorado Trial Lawyers Association, and the Arapahoe County Bar Association. He brings thorough knowledge of the law, compassion for clients, and commitment to fairness into every case he handles.
The Advantages of Mediation for Class Action Lawsuits
Mediation is useful even in large-scale legal claims like class action. It allows both sides to avoid a long and costly trial, provides claimants with relief more quickly.
Contact our office online or call 303-798-2533 to discuss your Class Action mediation with us.
