Most litigators are familiar with the traditional mediation process, where all parties present their positions to the mediator, and the mediator gives his or her view of a likely outcome and the reasonable value of the case.
This article is devoted to an examination of the mediation of a very complex fraud case in federal court with numerous issues of fact and law. The mediation for this type of case required the mediator to hold numerous sessions with the parties, ruling on interim factual and legal issues, before coming to an advisory decision on the ultimate resolution. As will be demonstrated below, these cases require the assistance of the court, an experienced mediator and skilled trial lawyers representing the parties. I will illustrate this concept with an examination of the mediation and settlement of United States, ex rel. Hunt and Gauger v. Medco Health Solutions Inc., Civ 00-737; 99-2332 (ED Pa.), settled Oct. 23, 2006, after mediation sessions held over the course of five weeks, for $155 million plus legal fees and court costs.
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