Private Mediation ‘Acceptable,’ Say Qwest v. Peerless Parties

The U.S. District Court for Colorado, per a Nov. 2 order (see 2211030043), instructed plaintiffs Qwest, Level 3 and Global Crossing to confer with defendant Peerless Network and “make a showing in writing as to why private mediation is not feasible under the circumstances of this case,” said a joint mediation notice Thursday (docket 1:21-cv-03004). “Private mediation is acceptable to the Parties,” they told the court. Plaintiffs and defendants “will work together to identify a mediator and conduct private mediation,” they said. The case involves negotiated interconnect agreements and the access tariffs associated with them. Qwest, Level 3 and Global Crossing sued Peerless affiliates in eight states in November alleging that they engaged in a scheme of avoiding mandatory switched access charges, thereby giving them an unfair competitive advantage in the toll-free marketplace. The defendants countersued in March alleging the companies used unfair and unsupported billing methods, to the detriment of the Peerless affiliates.