The parties believe it is highly likely that there would be an appeal or appeals of any Commission decision in the case and that litigation might be initiated in other forums regarding the subject matter of the dispute. Thus, the parties believe it is likely that this matter would not be resolved for a substantial period of time. In addition, the subject matter of the litigation involves actions and omissions that occurred many years ago. The parties have represented that many individuals involved have changed employment or are no longer available and that others who were involved find that their memories of the relevant events are growing dim. Accordingly, the parties believe litigation would be difficult and would become more difficult with the passage of time.
All parties agree that the outcome of the litigation is uncertain.
Before proceeding with final preparations for hearings which were estimated to last four weeks, the parties decided to try to mediate their dispute. Mediation was held for two days in April of 1998 with retired District Court Judge Scott Daniels acting as mediator. Although the parties made some progress, this initial mediation session proved unsuccessful. In addition, they filed notices of withdrawal from the case. The parties have concluded that it is in the public interest to resolve their differences and settle the disputes which are the subject of Commission Docket No.