The Insult of mediation: story of a waste of time

Client has travelled from Idaho with Co-counsel. Two different plane delays. Epic rainfall in Seattle. Not a joy for them.

Defense lawyer and insurance adjuster in one conference room.

Client, co-counsel, Lisa and I are in another. We spend about 45 minutes with the mediator. She leaves to meet with the defense. And is gone. For a long time.

Long enough for me to write several letters, revise a motion, take packages to my car, eat half of an almond croissant that Fred brought, say hi to Melanie, Fred, Brian, Brad, Cynthia, Mike, Rachel, Debbie.

Catch a look at glum Mediator.

Why did we even bother.

She returns several hours later. Chokes out the offer. So pitiful she’s been stalling to even say it. They are apparently expecting us to counter. As if. She’s not surprised when I tell her what to tell them. Here’s how it goes.

K3: Tell them to get out of my office.

M: Tilts head wondering…

K3: Yes, tell them to get out.

M: Okay she says and leaves.

2 minutes pass and she returns

M: Defense lawyer would like to have a private word with you.

K3: Tell him I don’t want to see his face and to get out.

M: Smiles. Leaves.

1 minute passes and she returns

K3: Are they gone.

M: Yes.

K3: Did you give them my exact message.

M: Smiles. No.

Photo: Nala after running with me in the rain.