Arbitration & Mediation

Kicked out of a joint session?

By Christopher Annunziata

Over the last year, I’ve been asked numerous times to leave a caucus so that attorney and client can speak privately.  That’s normal.  Attorneys do this for various reasons- keep the “bottom line” from the mediator, allow the attorney to arm-twist his client without appearing too eager to settle in front of the mediator.   I did it myself as advocate.

But I’d never been asked to leave a joint session . . . until this past Monday.

The parties were 99% of the way to settlement.  The total settlement was agreed upon, but some issues remained regarding allocation of payments between the two defendants and a payment schedule.   I was a little skeptical given some of the heated exchanges when the mediation started - three hours earlier; but things had quieted down.  I questioned the parties at length whether this was something they wanted to do and they insisted they could “work it out” themselves.  I reluctantly agreed only because the parties had a prior relationship and the lines of communication had re-opened over the course of the mediation.  Thankfully, it resulted in a settlement that everyone seemed pleased with.

Never again, though.  Too many chances for the deal to fall apart.

Full post as published by CKA Mediation and Arbitration Services Blog on May 15, 2008 (boomark / email).