So here I was ... preparing for a hearing on Monday -- actually a full-blown trial, more or less. My client was not inclined to settle. The other side was militant ... no way they were going to pay my client a thing. Never.
And yet we settled. Essentially, counsel for each side conducted a mediation by remote device. Through telephone calls and e-mails, counsel for each party came to the conclusion that the hearing and the prep work involved would wind up costing our clients more than they were likely to get in their most avaricious dreams. Accordingly, counsel analyzed the situation with their clients and in the best interests of the parties came to settlement. Neither side felt particularly good about it. Lots of money had been spent getting to that point, but the facts were: a quick settlement was in the best interests of the parties.
Mediation in the traditional sense would have saved a lot of grief, but in the end the process of discovery achieved through force of legal obligation what the parties could have laid out in the first place. Just that everyone paid a lot more to get there.
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