Why Are Securities Class Action Mediations Different From Other Mediations?

To borrow a few of the words spoken in 1926 by F. Scott Fitzgerald to Ernest Hemingway in a quite distinct context, securities class action mediations "are different than" mediations of most other lawsuits.

One reason for this difference is that securities cases often have very large amounts of money at stake (hundreds of millions or even billions of dollars are commonly claimed). Furthermore, securities actions are governed by a highly complex body of case law from state and federal courts at all levels, including the Supreme Court, as well as pleading requirements, discovery stays, defenses and other special provisions and procedures that are unique to the Securities and Exchange Act of 1934, the Securities Act of 1933 and the Private Securities Litigation Reform Act. Because of the complexity of the analysis of the laws at issue, the parties often find themselves taking quite different views of the strength of the claims made. This combination of large amounts