You are walking out of the bar association building when you hear your name. Turning, you recognize Jane, a senior litigator in the firm you recently left to start your own practice. She catches up to you and asks how things are going. You worked with Jane on several cases and respect her highly, so when she invites you to lunch, you accept.
At lunch, you tell her about the mediation you just came from. As you had anticipated, the case did not settle. The parties were too far apart, and the mediation was a waste of time. You explain that you had thoroughly researched the law, and felt reasonably confident that a court would find for your client. In your opening statement, you presented many of the arguments you would be providing at court, so the other side would know what it was up against — but when opposing counsel offered a significantly lower amount than you felt the case was worth, you informed the mediator that further discussion would be fruitless, and you and your client walked out.
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