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Warning:
Here's another cautionary tale for those with cases against the
University.
One WAGE woman was in mediation mandated by the court. The
University failed to send anyone to the mediation who could discuss
benefit issues though they were aware of their importance to the
women and could find no one to settle about benefits by telephone.
The woman and her attorney expected the mediation to last at
least two days -- they had not been told of any time limit. At five
minutes to five the mediator announced that they had the next five
minutes in which to settle, that he had other business to handle the
next day and would not mediate any more. Rattled and in tears from
this sudden threat, she settled without dealing with the important
benefit issues.
This sounds like the old fisherman's technique: get the fish
to take the bait, relax the line so it can swallow the hook, and then
jerk hard to set the hook and reel so fast the fish has no chance to
fight back. Lulled into believing she'll soon have her life back, the
woman surprised by such an ultimatum can only think of the settlement
she's been counting on slipping away.
The other part of this story is something several WAGE women
have experienced. Near the end of the discussion the woman's attorney
is called out of the room by the mediator or the University's
attorneys or the judge. He comes back and suddenly he's not the
woman's ally any more -- he's pushing her to settle, perhaps for much
less than he's always said her case was worth.
This feels as if the attorney has been co-opted -- he's
suddenly one of the boys, part of the system. Who knows what has been
said out of the woman's presence to change his mind, but once again
she's likely to be so rattled by his desertion that she gives in.
Recognize these two patterns and try not to let them throw
you. Get the parameters of your mediation in advance and in writing.
Be sure your attorneys know you expect them to stick by you. And most
important, know your minimum settlement: if you don't get it, don't
settle!
-wage@wage.org-