Williams appointed mediator in 38 Studios case

(Updated 2:27 p.m.) PROVIDENCE – Retired Supreme Court Chief Justice Frank J. Williams has been appointed mediator in the 38 Studios litigation.

Williams, who most recently served as the mediator in the pension overhaul case, was appointed by Associate Justice Michael A. Silverstein in the Superior Court matter of Rhode Island Economic Development Corp. v. Wells Fargo Securities, known as the 38 Studios litigation.

The lawsuit involves a $75-million state loan backing to bring the 38 Studios video game company to Rhode Island. The company, headed by former Boston Red Sox pitcher Curt Schilling, shuttered in 2012.

Silverstein said the appointment of a mediator in general, and retired Chief Justice Williams in particular, were agreed to by the parties.

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According to a news release about the appointment, mediation is an alternative dispute resolution process that can foster agreement in civil cases before trial.
Mediation can save money and time, eliminates the risk of unfavorable rulings and inspires realistic solutions.

“While participation in mediation is mandatory, settlement is voluntary. If mediation fails, the case continues to trial,” the release said.

Williams’ services will be paid by the parties, which will be charged a total of $400 per hour, the same discounted rate he charged in the state pension reform mediation, the release stated.

Williams said the first session will be held Friday.
“The plan is to try and mediate the entire matter, with all the parties,” Williams said.
“I’m proud of being the mediator. As always, I think it’s a form of public service,” he said. “I’m glad to do it.”

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