Does the Mediator Matter?
“I’ve had it with you attorneys! Write up your own agreement!” And the mediator stormed out of the room. Stunned, the four of us, two attorneys and two clients, sat there for quite a while, looking at each other. In the end, that’s just what we did: write up our own agreement. The parties had already agreed; the attorneys had already agreed; we just couldn’t get the buy-in from the mediator, who had been trained to avoid jargon, and refused to write our agreement as we w