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Monday, November 21, 2011 8:14:30 PM
The point of my first question still is not clear to me. Do mediation rules require that it has to be disclosed, or not? Is it the rules of this case or is a there general mediation code in bk law?
(sorry, overseas shareholder with very different judical background, mainly int. law, thats why I ask)
If a settlement is reached, i think it will lead to a slight change of the GSA. If so it might affect JPM/FDIC. I remember Aurelius specifically asking the judge to include them, because they wanted to avoid parties to overthrow the deal in the aftermath of mediation. Aurelius reason may have been egoistic ones, but still they imply that any deal reached will affect those parties that are outside of mediation and it implies that they will have a say in one way or the other.
Additionaly, if the appeals issue is touched upon in mediation it probably requires the inclusion of JPM/FDIC at a later stage, since they are parties to the GSA as well, and may have an interest to keep the F&R ruling alive.
just some thoughts
EDIT in bold
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