I believe it is fair to say we can all recall fond memories of when we first heard the 1986 Salt-N-Pepa hit single, Push It. Today the iconic song is a little less cheerful as the talented artists behind the song find themselves entrenched in a legal battle initiated by the band’s former DJ for over 30 years, Spinderella.
Spinderella’s legal complaint alleges that she was unfairly compensated, that contracts were breached, that fraud and misrepresentation occurred, and asked the court for immediate relief against Salt-N-Pepa and its’ management. The U.S. District Court Judge presiding over the matter rejected Spinderella’s immediate request for relief and sagely ordered the parties to mediate the dispute before the case could go any further.
This means the parties must now take their dispute to a private mediator who will facilitate the difficult discussions the parties must have with one another that will allow them to finally get to the real heart of the issues and then the mediator will help the parties discuss their own solutions to the dispute. If the parties are able to reach an agreement through mediation, the mediator will then document the agreement in a Memorandum of Understanding (“MOU”) which should be crafted using the parties’ own plain language. The parties will then date and sign the MOU, effectively resolving the dispute. If an agreement is reached in mediation the MOU will be a legally binding private agreement between the parties. The MOU will not be made public, keeping the parties’ agreement from public scrutiny and a social media frenzy. I would anticipate a mediation of this caliber to be completed between 4 and 8 hours and cost approximately $2,000 to $5,000.
If the parties in mediation are unable to come up with a successful agreement and MOU, they will find themselves back in front of the assigned Judge to explain that their mediation efforts failed and that they need the expensive and time-consuming litigation case to proceed. If that is the case, I would expect the parties to expend $150,000 to $250,000 litigating and defending the lawsuit and would likely not have a trial date set for another year and a half.
My hope is that the parties go into their mediation session with an open mind and clear the air with one another so that headway can be made towards a resolution that they come up with and control. This dispute, like so many others, is best left in the hands of a skilled mediator. If you have a business dispute or would like to learn more about mediation, feel free to contact SKIP COURT MEDIATION for an initial consultation, (970) 888-1375 or visit us at www.skip-court.com.
