Not only did OC show up to mediation with zero intent to settle, ending the mediation before it even started, but they also ate our lunch (two lunches each)! This to me summaries my feelings toward mediation, and why I’m generally avoiding it moving forward.

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Mediation has its advantages. They’re especially great for clients who won’t listen to me that there are a million holes in their case and they have unrealistic expectations. When they watch themselves get slammed in mediation, they normally come to their senses.

I use it to appease some judges too so you look reasonable. Then when I mention at the pre trial conference that __ offer was refused at mediation, judge gets pissed off at the other side which helps my case and makes it less likely my attorney’s fee award will be rejected as unreasonable when I win at trial

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Nope. I’ve had judges try to throw specific numbers around during pre trial conferences and suggest we take that number to settle and then say “I see you refused this settlement offer. I’m in charge of approving your attorney’s fees, and I’m not liking what I’m seeing. This doesn’t need to go to trial.” Might I add these comments happen when no motion to dismiss or MSJ has been filed

I was shocked as a new associate because that’s not what I learned when reading the civil practice rules or what I learned in law school, but I’ve seen well over a dozen judges do things like that. They’ll ask me if settlement offers have been made and how much was offered and did I counter… if I say I didn’t counter they’ll tell me I’d better counter… I’ll say judge my counter is to accept what I demanded in the complaint… judge will say no way I have to counter,,, and we’ll have another pretrial conference in 2 weeks. I then tell my client to knock off $600 so we can pretend we tried then the judge tries to broker another settlement at the next conference or threaten to force us into mediation

I only mediate if opposing counsel suggests it. I almost never suggest it myself. I've had pretty good success that way; most of my mediations end in a settlement. But every once in a while OC is ridiculous about it even though they're the ones that suggested it.

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I agree. Let them bring it up first. It’s a staring contest, they will blink.

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I am envisioning your opposing attorneys double-fisting two ham subs each, spraying mustard everywhere like a crime scene.

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