Settlement Through Mediation Sample Clauses

Settlement Through Mediation. Plaintiff, Class Counsel, Experian, and Experian’s Counsel engaged in extensive, good- faith, arms’-length negotiations under the supervision of the ▇▇▇. ▇▇▇▇▇ ▇▇▇▇▇, a private mediator, including multiple day-long sessions and follow-up electronic communications. The negotiations and mediation sessions resulted in an agreement on the principal terms of a settlement pursuant to Federal Rule of Civil Procedure 23(b)(2). It is the desire and intention of the Parties by entering into this Agreement to fully, completely, and finally settle and resolve all existing equitable claims for injunctive relief that relate to or arise out of the facts and claims alleged in this action, but to preserve and not release any claims for any actual, statutory and/or punitive damages or other remedy other than injunctive relief. Class Counsel has concluded that a settlement with Experian on the terms set forth herein is fair, reasonable, adequate, and in the best interests of the Settlement Class based upon their investigation and discovery, and taking into account the sharply contested issues involved, the uncertainty and cost of further prosecution of this action, and the substantial benefits the injunctive relief provides the Settlement Class pursuant to this Agreement. Class Counsel intends to continue to pursue claims for monetary damages on behalf of the Plaintiff and putative class as alleged in the Complaint.

Settlement Through Mediation. On or about May 2008, following substantial exchange of discovery by agreement between the parties, Plaintiffs’ Counsel and counsel for HSBC Defendants began an extensive, good faith arm’s-length negotiation concerning the possible settlement of the ▇▇▇▇▇, ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Actions, including without limitation by participating in mediation sessions with the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Infante (▇▇▇.)

Settlement Through Mediation. The Class Representative, Class Counsel, TransUnion and TransUnion’s Counsel engaged in extensive, good faith arm’s-length negotiations, including participating in a private mediation over the course of two (2) full days with an experienced neutral, ▇▇▇▇▇ ▇▇▇▇▇▇. It is the desire and intention of the Parties by entering into this Agreement to effect a full, complete and final Settlement and resolution of the Action.

Settlement Through Mediation. This Settlement Agreement has been reached after the Parties completed extensive discovery of documents and data relevant, or claimed to be relevant, to the claims of Named Plaintiffs and those of the classes they purport to represent. The Named Plaintiffs and Defendant recognize the outcome of this matter is uncertain, and a final resolution through the litigation process would require several more years of protracted adversarial litigation and appeals; substantial risk and expense; the distraction and diversion of the Defendant’s personnel and resources and the expense of any possible future litigation raising similar or duplicative claims; and the Named Plaintiffs, their counsel, Defendant have agreed to resolve this matter as a settlement class action according to the terms of this Settlement Agreement. The Settlement Agreement is a product of sustained, arms’ length settlement negotiations and an extensive mediation session supervised by a retired federal Magistrate Judge. Those negotiations and mediation sessions resulted in an agreement on the principal terms of a settlement.

Settlement Through Mediation. Class Representatives, Class Counsel, TransUnion and TransUnion’s Counsel engaged in extensive, good faith arms’-length negotiations under the supervision of the Magistrate, including by participating in multiple settlement conferences with the Magistrate as well as three day-long sessions and multiple telephonic conferences with a private mediator, Rodney Max. The negotiations and mediation sessions resulted in an agreement on the principal terms of a settlement. It is the desire and intention of the Parties by entering into this Agreement to effect a full, complete and final settlement and resolution of all existing disputes and claims that relate to or arise out of the facts and claims alleged in the Actions.

Settlement Through Mediation. 6.7.1. If the participants have failed to reach an acceptable settlement prior to the end of the Mediation Meeting, the Mediator, before concluding the Mediation Meeting, may submit to the participants a settlement proposal based on the same considerations Exhibit 1 to Franchise Agreement (Exhibit D of Multi-State Disclosure Document Control No. 040114) to be used by an Arbitrator as set forth in Article VII which the Mediator deems to be equitable to all participants. Each of the participants will, in good faith, evaluate the proposal and discuss it with the Mediator. In the event that a settlement is not reached, neither the terms of the proposed settlement nor either party’s refusal to agree thereto shall be admissible in the Arbitration Proceedings nor brought before the Arbitrator in any way. 6.7.2. If a settlement is reached, the Mediator, or one of the participants at the request of the Mediator, will prepare a settlement agreement for execution by the participants. Such settlement agreement will be edited as necessary by all participants until it is mutually acceptable. When a mutually acceptable settlement agreement is completed, each participant will execute and deliver such settlement agreement.

Settlement Through Mediation. Plaintiff’s Counsel and counsel for Defendants engaged in extensive good-faith, arm’s- length negotiations and participated in a formal mediation session on July 31, 2018, before ▇▇▇▇▇▇ ▇▇▇▇▇, Esq. of JAMS. The Parties’ negotiations and the mediation session resulted in an agreement on the principal terms of a settlement pursuant to an agreed term sheet. It is the Parties’ desire and intention by entering into this Agreement to effect a full, complete, and final settlement and resolution of all existing disputes and claims that relate to or arise out of the facts and claims alleged in the Lawsuit. Defendants have agreed to make available, subject to Section V below, up to fifteen million five hundred thousand dollars ($15,500,000.00) to fund the settlement, which shall be available to pay Class Members who submit valid claims as further defined herein, to pay attorneys’ fees and out-of-pocket litigation expenses to Plaintiff’s counsel, to pay an incentive award to Plaintiff, and to pay the costs of notifying the Settlement Class and administering the settlement through a third-party claims administrator (the “Settlement Fund”).