The Houston Astros, Houston Rockets and Comcast gathered before federal district court judge Lynn Hughes on Friday. This wasn't a hearing, and no judicial orders were handed down. It was, instead, the third mediation session for the parties within the past several weeks. The dispute under mediation is the CSN Houston bankruptcy, but as has been the case since October of 2012 when the network went on the air, nothing was settled.
The hard part of mediation is getting to yes.
I handled lots of mediations back in my litigation days. I was a big fan of mediation days. They were days of easy billable hours that the client wouldn't dispute. The lunch was free, and there were usually free muffins and donuts for breakfast with all of the free drinks one could desire. For me, this was back in the days before BlackBerrys and iPhones, so a day at mediation was a day away from emails and constant disruptions from partners. It was bliss.
The one issue with those mediation days was the whole mediation thing. Mediation works great in concept. It brings the parties together with a chance to air their side, give their position, with no consequences. The plaintiff gives its desired settlement. The defendant gives its position. The mediator puts the parties in different offices, then shuttles back and forth, trying to get the two sides to meet somewhere in the middle.More »