In a recent mediation the parties and their counsel worked diligently toward resolution all day. Back and forth. Back and forth. Finally, an agreement. Counsel are in my office and we are word-processing something to memorialize the settlement. Drafts are generated. Approvals obtained. Voila, the printer generates the “final” version, and one of the lawyers runs off to obtain his client’s signature. Only to return and report that his client has left. Without his counsel’s knowledge or permission, and certainly without mine.
What would you do as counsel for this client? As counsel for the opposing party who understood that we had a “deal”? What would you do as the mediator? The case is pending in federal court, and as we all know, those federal judges keep score! Let me hear from you. Your opinions are at least as valuable as mine.