Mediation can be a useful tool in shareholder class actions as in other types of litigation. There are a number of obvious advantages to defendant corporations in particular: minimising legal costs, reducing further publicity and impact on share price, and avoiding the considerable distraction to the business of defending the class action to trial.
However, there are certain issues and risks for defendants in shareholder class actions which are not necessarily found in other disputes and which pose some unique additional challenges for the parties when contemplating mediation.
These issues are examined by David Taylor and Annie Leeks, senior associates in our Sydney and Brisbane offices respectively, in the recently published article 'Mediation in shareholder class actions: a defendant's perspective'. (This article was first published in the LexisNexis Australian Alternative Dispute Resolution Bulletin Volume 2, No. 2, May 2015.)
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Simon Chapman KC
Managing Partner, Dispute Resolution and Global Co-Head – International Arbitration, Hong Kong
Kathryn Sanger
Partner, Head of China and Japan, Dispute Resolution, Co-Head of Private Capital, Asia, Hong Kong
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.