Investor Mediations - Transcript
In every investor case there’s an opportunity to have a mediation. And so what is a mediation? A mediation is essentially a settlement conference in front of a neutral third party who both parties agree they like this person, and that they want to try to resolve the case you have to go in good faith with.
The objective to resolve the case. a mediator is not trying to find make a decision in the case or decide who’s right or who’s wrong, but it is an opportunity for somebody who feels wrong to state what happened to them and have their day to tell their story.
To have a mediator give you a an idea of what they they think would be a good settlement in the case, because of course when I’m advocating for someone I’m very much on their side and so is opposing counsel.
Sometimes you need a third party to help get the thing resolved and it is confidential, it is usually not binding, meaning that you know if you don’t degree you’re not nothing’s going to be forced upon you and no one can use anything that happens in a mediation against you in a hearing.
It can take place any time during the timeline of a case before the case is filed, after the case is filed, before Discovery, after discovery, before hearing. Once there’s a hearing although it has I have had it happen and cases settle before the decision comes out typically by time you go to the hearing it’s a little late for settlement but you know Hope Springs Eternal.