Florida Court Orders Mandatory Mediation Between Celec and Progen in Commercial Dispute

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TL;DR

  • A U.S. federal judge ordered Celec EP and Progen into mandatory, in-person mediation.
  • Mediation must be conducted before the scheduled jury trial in 2027.
  • Attorney Jeffrey Carter Andersen has been appointed mediator.
  • Strict confidentiality and attendance rules apply.

Overview

A U.S. federal court in Florida has ordered the parties in an ongoing commercial dispute - Corporación Eléctrica del Ecuador (Celec EP), Progen Industries LLC, and related entities - to enter a formal phase of mandatory mediation ahead of a jury trial scheduled for 2027. The order appoints attorney Jeffrey Carter Andersen as mediator and imposes strict in-person attendance requirements.

What Happened

On September 16, 2026, Judge William F. Jung of the U.S. District Court for the Middle District of Florida issued a procedural order requiring the parties in case No. 8:25-cv-3433-WFJ-SPF - Celec EP, Progen Industries LLC, Astrobryxa S.A., and other related entities - to begin mandatory mediation.

Attorney Jeffrey Carter Andersen has been appointed as mediator. The mediation process must follow Chapter Four of the Local Rules of the court, which requires alternative dispute resolution before trial.

The parties must schedule the mediation and notify the court of the proposed date by January 18, 2027. All main counsel, parties, and relevant insurance representatives must attend in person; remote participation is not permitted except for justified absences.

Confidentiality is required, with a prohibition on recording or sharing any statements made during mediation. The mediator is required to submit a written report on attendance and the result within seven days of the session's conclusion.

If the mediation does not result in a settlement, the case will proceed to a scheduled jury trial in 2027.

Context

Celec EP, the electric utility company of Ecuador, originally contracted Progen for installation projects relating to thermal power plants.

The ongoing U.S. litigation involves several co-defendants, with claims revolving around the provision of energy equipment and related contractual issues.

Mandatory mediation as ordered in this jurisdiction is a routine procedural step, aiming to facilitate pretrial settlement.

Why It Matters

  • The mediation phase is a court-mandated step that could potentially resolve the international commercial dispute before a full trial.
  • Strict in-person attendance requirements indicate the court's emphasis on direct dialogue.
  • If no agreement is reached, the dispute will move to a public jury trial, increasing potential scrutiny and cost.

Sources

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