We had engaged in several rounds of mediation with now-retired judges for a case of significant value.
During the mediation sessions, it was clear that either the defendant’s lawyers were not communicating with their client, or the defendant’s corporate decision-makers simply did not want to listen to their own lawyers and settle the case.
During the first week of the two-and-a-half-week trial, the judge ordered a Zoom settlement conference and required that the defendant’s CFO be present on Zoom.
The judge insisted that the CFO make a realistic settlement offer.
He waited 45 minutes, but the CFO still wouldn’t budge, so he admonished him for not offering nearly enough money to settle.
The CFO remained motionless during this scolding—not moving his head, blinking his eyes, or really breathing the entire time.
The judge even asked him if his Zoom camera was frozen since there was so little movement.
Finally, the CFO said that his Zoom camera was working fine, but he needed to talk with his board of directors in order to increase the settlement offer.
Thankfully, the board of directors stepped in the next morning, and we were able to talk some sense into this corporation.
Together with the judge, we were able to settle the case.
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