Alternative Dispute Resolution,
Labor/Employment,
Civil Litigation
Aug. 1, 2019
Fee shifting in ERISA cases: Considerations in mediation
There are important reasons for defendants to be wary that they may have to pay plaintiff’s legal fees. There also are ways that a defendant may — and may not — successfully challenge plaintiff’s claims for legal fees.
Every mediator emphasizes that settling the case saves legal fees and costs. What does it mean to save fees, especially in fee-shifting cases where the defendant may have to pay plaintiff's fees? The more that your mediator can put substance to this statement, the more likely that a settlement will happen.
Let me share with you some considerations for fee-shifting cases under the Employee Retirement Income Security Act, aka ERISA. Th...
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