Mediators, When the Court Comes Calling, Remember: It's Not Your Business to Declare this Settlement to Be Fair

摘要

A senseless practice in the settlement of class actions threatens lawyers, mediators, and perhaps even judges, with the risk of corruption and-ultimately-prison.rnThe purpose of this article is to describe that practice, discredit it, and urge its abandonment.rnThe practice is the mediator swearing to a so-called Fairness Declaration in connection with the parties' seeking court approval of a proposed class action settlement.