A New York trial court took a narrow view of mediation in resolving a dispute among co-counsel in which the trial lawyer was to receive 12% of the attorneys’ fees if the case settled at mediation, but 40% if the case settled after mediation. The mediation session began mid-afternoon and stopped later in the day for defendants to seek more authority from their insurer; a final number was agreed on 11 days later with the mediator’s ongoing efforts, three months prior to the scheduled trial. However, the court ruled the trial lawyer was entitled to 40% because the case was not resolved during the scheduled mediation session.
Marin v. Constitutional Realty, LLC, No. 111531/2007 (N.Y. S.C., February 20, 2014)
