Scott Rudin was a producer on 'West Side Story,' which did not return after the Broadway shutdown. (Photo: Jan Versweyveld)

The lawsuit between advertising agency SpotCo and producer Scott Rudin has been referred to the court’s mediation program. 

The two parties must attempt to find a solution through that program, even as discovery and other proceedings in the case move forward in case a resolution is not reached. SpotCo filed suit in August 2020, alleging that Rudin owes the company more than $6 million in late payments. 

Rudin countersued shortly after, alleging that SpotCo has not disbursed provided funds to third-party vendors and has been unable to show how payments have been distributed in recent years. The two suits have since been combined. 

The parties have asked for a mediator with an accounting background, as well as expertise in the advertising or entertainment industries, according to a filing late Tuesday in the Supreme Court for the State of New York. If a resolution is not reached, a court conference is scheduled for April 25.  

The work in question pertains to advertising for Rudin’s shows including“To Kill a Mockingbird,” “West Side Story,” “The Waverly Gallery,” “The Lehman Trilogy,” “Who’s Afraid of Virginia Woolf?” and “The Music Man.”

Since the original suits were filed, Rudin has stepped away from producing on Broadway, with all of his running shows assigned to other producers, and has resigned from the Broadway League. The decision came after a Hollywood Reporter article detailed allegations of Rudin’s workplace bullying and harassment.