Sometimes even though a matter has been mediated without success and you are certain trial is upon you. The court sometimes will give you a MSC Judge on the date of trial, who may or may not have the skills needed to really get to the trigger point of the case. Not all of these judges are former civil trial lawyers and understand all of the issues and factors that get you to having to “just try the darn case”.
That does not mean the case cannot be resolved. It just may need some new eyes coupled with the trial counsel now being ready for trial and knowing the true plusses and minuses of the case that will be presented to the jury. Every case has “warts” and parts that depending on how they are evaluated, will affect the value and the result that can be expected from the jury. And even when you hope the other side will not ask certain questions at trial of a witness or a party, courts are now allowing jurors to ask questions, which has opened up new risks and challenges for the trial lawyer.
When contacted, and an agreement with all parties (or those that want to participate) has been reached, my plan covers review of any past Mediation Briefs, telephone conferences with the trial attorneys or anyone who is to participate in settlement discussions, review past discussions, anything learned getting ready for trial, witness issues re availability, expert issues and testimony in depositions and reports, then get the process going. It may include more calls, emails, meetings, at your offices, mine or the courthouse as needed, with some travel costs, etc. This process may include early mornings, nights and weekends, as needed. We will keep talking until it is resolved or there is nothing less to discuss.
I will have to trust all those participating to pay me when it is all done!