Former Michigan Supreme Court Justice Robert Young, who was appointed by Interim MSU President John Engler to represent MSU in defending lawsuits brought by hundreds of people abused by former MSU sports doctor Larry Nasser, described yesterday more about the mediation that settled those lawsuits last week. He said in an interview with Tim Skubick that the plaintiffs initially demanded “over a billion” dollars, but that the $500 million settlement figure was the right number. He wouldn’t explain why it was the right number, “but I’m confident really there was a very good basis for that number.”
Parties to mediation usually do not reveal details of the mediation, like a party’s opening demand. In fact, Michigan Court Rule 2.412 declares that all statements made in mediation are confidential, unless they fit into an exception. Justice Young is obviously aware of confidentiality (“I can’t tell you why”) but has a narrower view than most of what is and isn’t confidential, thus giving us outsiders a peek into an important mediation.