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Additional Posts in Litigation & Arbitration
I will never spell subpoena right the first try
What firm(s) do you hate being across from?
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I would try to get the mediator back involved. Or get a new one if need be.
From the defense side I'd tell you to ditch the mediator and get the Court involved. It's a lot harder to tell a Judge that they're full of crap when they say you're liable AND they can issue orders.
I also suggest a mediator. It would seem to be much easier for you to negotiate in that context that you want X total amount, regardless of the source, and then let the defendants duke it out as to who will pay what amount towards that total. Alternatively, picking them off on an individual basis can have its upside in potentially getting more from them as none of them want to be left holding the bag.
All of the parties are in agreement that the prior mediator did not do a very good job and there was a huge breakdown in what was being communicated back and forth. So I probably would want to suggest a new mediator if that were the route.
Here’s another thought. Counsel for the defendant with the most liability has agreed to sit down with me one on one to try to work out a number to get his client out individually. What if we tentatively negotiated a number and then I took it to the remaining defendants and said do you need to add $X so we can reach our goal of $X or the settlement is not going to work for us.? My thought is if the majority of the money is already in the pot maybe they’ll be more willing to bridge the gap
Coach
Be careful of empty chairs. If you let a defendant out, all the others will immediately blame that defendant for everything and you’re looking at a scapegoat situation.
Coach
A good mediator gets a global resolution
Completely agree re former judges.
Prisoners delimna
Basically