From the Business Conflict Blog of Peter Phillips.
My mentor at CPR Institute, former Olin General Counsel Peter Kaskell, once wrote an amusing article called something like “The 10 Worst Reasons Not to Mediate.” I have to find it one day and rip it off as a post.
But I myself had recent occasion to deal with one of those reasons. A defendant was reluctant to comply with the a mediation order in which I was appointed, on the ground that there was nothing to discuss — his client’s defense was absolute and he saw no risk whatsoever in simply participating in discovery, going for summary judgment, and getting out of it. In any event, he had nothing to offer by way of settlement, so negotiations were a waste of attorney and client time for both sides.
Here are some of the suggestions I made:
The mediation has been scheduled.
What about you? What ideas have you put on the table in counseling confident defendants who don’t intend to make an offer, and therefore don’t intend to engage in mediation?
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