Achieving Reasonable Expectations and Employing Effective Tactics in a Securities Class Action Mediation

July 27, 2016 1:55pm

Paul R. Bessette
Co-Chair, Securities Litigation Group
King & Spalding LLP

Steve Levine Esq.
First Vice President Claims Attorney Executive and Cyber Risk Practice
Alliant Insurance Services

Kimberly M. Melvin
Wiley Rein, LLP

  • Setting the table: pre-mediation calls and briefing to identify issues likely to impact your negotiating position
  • Showing up prepared: the advantages of being able to accurately articulate your counterparties’ arguments to show you understand their case
  • Managing expectations: when to posture and when to show your cards
  • Listening skills: how to draw out the issues and outcome needs that will drive mediation outcome; listening for unspoken signaling from the other parties to the mediation
  • Keeping the faith: maintaining trust and confidence through your discussions with the mediators and counterparties
  • Defining a successful outcome: how to build consensus towards an outcome everyone can accept