JUNE 2026 BAR BULLETIN JUNE 2026 | Page 7

ADR CORNER

ADR CORNER

Class Action Mediation( Continued)

JAMES B. BALDINGER
Some important considerations that should be addressed in a class action settlement( many of which are subject to specific requirements under CAFA) include: hiring and compensating a settlement administrator; the method, content, and timing of notices to class members; the scope of the class and the release provided to defendant; whether class members must opt-in or opt-out; how class members’ claims will be computed and whether any remaining funds will revert to the defendant or to a cy pres recipient; when and how class members will receive their award and who bears responsibility for payment of certain taxes( particularly in an employment case); the terms of any declaratory or injunctive relief; the amount and computation of attorney’ s fees; who will bear the responsibility for dealing with objectors or intervenors; and what happens if the settlement fails to obtain approval from the court or a sufficient number of class members. Understanding what the law of the jurisdiction requires, and what the judge in the case prefers, is key to obtaining approval of a class action settlement.
Class actions are a valuable mechanism for resolving disputes that impact large numbers of claimants. Together with an experienced mediator, attorneys can successfully settle these complex cases for their clients.
Jim Baldinger has been litigating and settling cases for more than 35 years, and retired from his law practice in 2021 to launch Baldinger Mediation LLC and become a full-time mediator, dedicated to helping parties settle complex business disputes including class actions, qui tam cases, and other“ bet the company” litigation. He is a certified mediator in federal and state courts in Florida, and is available to mediate all types of civil
disputes( except family law) nationwide. For more information, visit his website at www. baldingermediation. com or contact him directly at jim @ baldingermediation. com or 561-805-1545.
For additional ADR tips and resources, go to www. palmbeachbar. org / alternativedispute-resolution-committee
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STEVEN B. GRANT, ESQ. GRANT LEGAL
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PBCBA BAR BULLETIN 7