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Here are some examples of mediation results complied by Mediator Keith Seat: 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)
Biography
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 judicial branches, Mr. Seat brings a wealth of
experience to his work as a mediator and arbitrator to help parties
reach successful resolutions of complex disputes.
Mr. Seat began his legal
career in a federal clerkship with U.S. District Judge William H.
Becker, and then litigated antitrust and commercial disputes for many
years at a major Washington law firm, Howrey, Simon, Arnold & White,
where he first worked on telecom and technology issues. In 1993, Mr.
Seat was named General Counsel of the Antitrust, Business Rights and
Competition Subcommittee of the U.S. Senate Judiciary Committee, where
he served for four years, playing a significant role in the enactment of
the Telecommunications Act of 1996. Returning to the private sector in
1997, Mr. Seat rounded out his experience with a senior in-house counsel
position at MCI, one of the nation’s largest telecommunications firms.
At MCI, he gained a first-hand appreciation for the important
perspective brought to issues and disputes by in-house decision-makers.
Mr. Seat also deepened his knowledge of telecom issues and gained
experience addressing competition-related issues in the corporate
setting, as well as helping resolve disputes among large organizations.
Email Author
Website: www.keithseat.com
Additional articles by Keith
Seat citation: http://www.mediate.com/articles/notable.cfm
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