Fighting in Fargo

So, my week started off in an interesting way. I was invited to attend a mediation session in Fargo. The case was a construction dispute on a pipeline project that has been going on since before I came to my position. This was the third mediation session regarding the dispute, the second of which nearly ended in settlement during my first couple weeks of work. Because I was so new and because my predecessor still works with me, just in a different division, he was going to finish out this case. In addition, we have outside council involved. So, really, my participation was unnecessary and minimal. Nonetheless, I decided to go because I thought it would be good experience since I generally tend to think all mediations can be a learning experience.

Well, I definitely got more than I bargained for. We left at 7 am and drove the three hours to Fargo. I started to count cars on the way, but then I had to stop. Two reasons, first, the driver was going way too slow and cars kept passing us instead of the other way around. Second, we pulled over for a break about an hour into the trip. Since this methodology didn't fit with my former car counts, I had to abandon my efforts. Anyway, we got to Fargo around 10 and went first to a law office. This dispute involves the contractor on one side, and three separate entities on the opposing side. We were at some law firm for one of the entities that was on our side. I had no idea what to expect, but when I walked into the room, I definitely didn't expect 15 other people to be there. Introductions all around, none of which I remembered other than the one guy I had met previously. We spent about half an hour discussing the case, most of which I didn't follow since I didn't have much background.

Then we all trooped over to another law firm for the mediation, which started at 11. Now most of you probably don't know too much about mediation, but the gist of it is this... it is not an opportunity to present your legal case and argue about the legal merits. It is supposed to be a forum where you set aside the legal issues and just try to work out a solution that everybody is equally pissed off/happy about. Well, this one started off with the council for the contractor (we'll call him OJ, short for Obnoxious Jackhole) launching into a 45 minute powerpoint presenation about the legal merits of his case and his version of interpreting the contract and how wrong we all were. It was lovely. Finally an attorney on our side interrupted and said he wanted to be separated into different rooms and to start working on solutions or we were just going to go home.

So, we started the mediation. We gave an offer, they gave an offer, we gave an offer... you get the point. Unfortunately, however, the negotiation sort of went in this fashion... We offered 5 apples and 3 oranges, then offered 2 apples and 1 orange, we offered 3 apples and 2 oranges, and they countered that they wanted 3 steaks. So then we talked about steaks... and just when we thought we were reaching a consensus, the topic of discussion changed again. And on and on and on... and finally around 5 pm, we made an offer that our outside council thought was way too generous just because we wanted to be done. We thought that would get things wrapped up, but instead, they countered with something more than what they had offered the previous round. And so on and on it continued. And finally around 7:30, my client got pissed, freaked out, and threatened to leave.

Meanwhile, bear in mind that it is a 3 hour drive home. Also bear in mind that I have my very first ever hearing (like a trial for those non-lawyers) in the morning bright and early. Also bear in mind that I have to go back to the office when we return home and pick up all my exhibits that I had left for my secretary to mark and get ready. So, I'm getting a bit antsy at this point.a

Finally around 8:30, it appears we have reached a settlement. Now we need to write it up and have all the parties sign it before we leave because this is apparently where things went awry in the first two mediation sessions. So, we find a computer and type up the agreement. For those of you who followed my facebook status updates, you know that the agreement was finally signed around 11:30 pm. This was mostly due to OJ coming in after we had made revisions and trying to change things or add points. This would have been acceptable if they were general wording changes to clarify matters. Unfortunately, OJ was a slickster Chicago lawyer and he kept trying to slip in items that were never discussed AT ALL during the mediation negotiations. It was disastrous. Only when my client again threatened to leave did things finally get signed on the dotted line and we got to leave.

I also need to point out two intermediate things. About an hour before we left, I thought about catching a ride home with one of the other people in our party since we were almost done. But then I decided to stay and see the great signing that we had worked all day on and ride home with my own people. Big mistake! On the other hand, it was interesting to see how things can fall apart at the end, witness people meltdown from lack of food and rest, and observe slickster OJ's behavior.

The second thing I should point out is that the mediation was ironically being conducted at the law firm where my opposing council in the next day's hearing works. And she actually stopped in. So, I met her. We chatted in the hall about our case for about half an hour since I had not gotten all of her emails from that day. She was lovely, really a nice person, someone I could see myself being friends with under different circumstances.

Anyhow, we FINALLY got headed home. Everyone wanted to eat because we were starving and crabby. However, one of my clients refused to eat in the car because it was too small for us to all fit and eat at the same time while driving. So, we had to actually stop at 11:45 at night (at Perkins, which was the only place open) to have a sit down meal. Are you kidding me????? By the time we finally got on the road, it was 12:30. I offered to drive because I knew that I would get us home the fastest.

We finally rolled into the parking lot at 3 am, at which time I had to then drive to my own office for my exhibits and materials for my hearing the next morning. Thank goodness I did, because it turns out my secretary screwed things up and I'm glad I knew that before I walked in. By the time I did that, came home, checked my email to make sure that the hearing hadn't been canceled or postponed, and took a shower, it was 4 am. I had to be up by 6 am to make it to my hearing on time...

Tune in next time for all the details.

P.S. The car count on the return trip was 7 cars, a new record low. It was actually 8 that we passed, but one passed me. Also, one of those cars was in the ditch on the side of the road (where I also saw it that morning when we passed in the other direction.)