10 clues things aren't going so well with the Mediator
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- Walks in and is already flustered.
- Doesn’t ask your client how they are doing.
- Isn’t familiar with the details of your clients’ injuries
- 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.
- 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.
- 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.
- Threatens the associate that if you do not come back to the mediation the judge will be called.
- You instruct the associate to call the judge first, he does and the judge invites the mediator to call but that doesn't happen.
- Refuses to disclose who is attending mediation on behalf of the defense despite multiple requests.
- 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.