10 clues things aren't going so well with the Mediator

 
  Photo by Snapchat selfie

Photo by Snapchat selfie

 
  1. Walks in and is already flustered.
  2. Doesn’t ask your client how they are doing.
  3. Isn’t familiar with the details of your clients’ injuries
  4. Tells you that the defendants’ first offer is very low because your offer is too high and when you say "don’t tell us what that offer is" -  ignores you and blurts it out anyway.
  5. Tells you that All offers will be contingent on available funding and when you say "nonsense" -  starts arguing with you that it doesn’t matter that insurance coverage is still unsettled.
  6. When you send a letter advising that you will not show up until later the second day of mediation unless the defendants tender the bottom layer of coverage limits - calls your associate into the office, yells at him, boots him out and slams the door so loudly that everyone on the floor can hear the altercation.
  7. Threatens the associate that if you do not come back to the mediation the judge will be called.
  8. You instruct the associate to call the judge first, he does and the judge invites the mediator to call but that doesn't happen.
  9. Refuses to disclose who is attending mediation on behalf of the defense despite multiple requests.
  10. Afterwards you file a subpoena and note the mediator's deposition to determine the defense members who were present (at the failed mediation).

Ya.  This happened.