Nisken stood and extended his arms out to the side. "Let's take a break. Everyone should move back to their own rooms. We can talk it out separately."

  "I'm so sorry, Rick," Blevins said once they returned to their conference room. "I don't know what got into me. You told me not to talk, but I'm so emotional." He fanned his face.

  "That was plain stupid," Rick said. "Pissing off the other side in the first five minutes of a mediation is not the best tactic." He waved a hand at his client and walked to the far side of the room.

  Arnie followed Rick, but didn't say anything allowing him a moment to calm down.

  Rick turned back to Arnie and whispered, "We're screwed. Now we're just wasting our time. These two want to kill each other."

  Arnie shook his head. "That's not my read. There's so much emotion–something else is at play. They both are mad, but I don't think it's about the case. You won't believe this, but I think the best thing might be to put them back in the same room to talk it out."

  "They'll maul each other."

  Arnie put a hand on Rick's shoulder. "I think if we keep them apart, Billy's just going to fly off the handle. They need to be in the same place and talk about what's bothering them."

  "How are you so sure?"

  "My family growing up–we all acted like this. Way too emotional. We yelled a lot, because we cared. The biggest problem was when one of my brothers spent time alone the anger just built up, but when we got together, we managed to work things out. There were some broken dishes and screaming, but letting out our emotions worked and by the end of the night we would be outside playing basketball. These guys are a little different, but I think it's a similar dynamic."

  As Arnie finished his thought, the conference room door opened. Nisken stuck his head in and apologized for how the mediation had begun. He said, "Francisco's pissed at what your client said and has threatened to leave the mediation."

  Rick caught Arnie's glance, who nodded his head. Rick lowered his eyes, but said, "Before they go, we think it may be productive if we put everyone back in a room and let them yell at each other."

  "Are you nuts?" Nisken asked. "You saw what happened a few minutes ago, didn't you?"

  Rick walked behind his client, whose eyes remained little, narrowed slits. "Do you think it might help if you two talked?"

  Billy appeared confused. "Why? He's only going to insult me more. But I got more to say. I guess it can't hurt."

  Nisken shook his head. "If you think it's best. I'm willing to give anything a try."

  They followed Nisken back to the center conference room where they took seats across the table from Francisco and his lawyer. Nobody spoke as everyone's eyes darted from one person to the next like the moments before the shootout in a Leone spaghetti western. Rick half expected The Man with No Name suddenly to appear and gun them all down.

  Instead, it only took an apology to break the ice.

  "I'm sorry, man," Blevins said, reaching his hand across the table. "I thought you were trying to screw me out of my zoos. I'm not sure what the truth is and if I find out that you are doing anything to hurt our business, I'm going to string you up by your balls."

  The apology wasn't much, but Francisco laughed. "Billy, I'm not trying to screw you out of anything. I want to learn from you and, someday, run my own set of zoos. You're the best in the industry."

  Blevins blushed. "C'mon man, you're just talking. I wanted to work with you because you are a technology wizard and would help me update how we run our business. I never wanted to cause you any problems."

  "Then why the hell did you sue me?"

  "Because you sued me first."

  Both men laughed and then fell silent. The three lawyers and mediator watched without saying a word amazed that so much progress had occurred in three minutes.

  Billy tilted his head. "So, do you think we can work this out?"

  Francisco leaned his head to mirror Blevins. "Possibly, but you're going to pay me cash for the trouble you caused and to settle my lawsuit against you."

  "And you will pay me money to get rid of my suit against you."

  Francisco nodded his head with deliberation. "It's going to cost you ten thousand dollars to make me drop my claims."

  "Funny, I was about to say the same thing about my case."

  Francisco rose and extended his hand. "Then we have a deal. You pay me ten thousand dollars to settle my claims and I will pay you ten thousand dollars to settle yours."

  Billy stood to shake Francisco's hand. "I think we've come to a settlement."

  Not wanting to let a deal fall through, Nisken pounced and smacked both litigants on the back. "We have a deal. We will write this up so both parties can sign. I believe we can call this mediation a success.

  Billy glanced at his attorneys and with sincerity said, "Thanks guys, you were a huge help. Can you give us a few minutes to discuss how we will handle our businesses moving forward?"

  "Sure, Billy, we'll give you a few minutes."

  Rick and Arnie returned to their conference room and couldn't control their laughter once inside. "Careful," Rick said, "they still can see us."

  Arnie moved towards the sunlight streaming in through the oversized window. "That was unexpected."

  "Never saw that coming. Won't be much of a fee out this and now my best client is free of litigation."

  "Don't worry," Arnie responded. "He’s enough of a wildcard that he'll be involved in more litigation within six months. I promise. He's happy now. I think their relationship runs deeper than we thought. I think this all boils down to 'feelings’–and once they said something positive, they realized their relationship was more important than the lawsuits."

  The sun broke through a cloud outside and the room brightened. Rick walked to the side table and grabbed a bottle of water. "This was almost too easy. We didn't do much to facilitate the settlement."

  "Sometimes just getting them in the same room is enough. You earned your fee for today. Think reaching a resolution will be as easy with our next case?"

  Rick glanced at his watch and shook his head. "It's an hour until Emily gets here and no, we can't expect the next mediation will end as easily as this morning's proceedings. Remember, your buddies, Spencer and Crotec, are coming. We're going to be slimed by the time the afternoon is over."

  The two lawyers grabbed their suit jackets and nabbed some food from the hallway. They ate in silence, waiting for the afternoon session to begin.

  Chapter Thirty-Two

  In the minutes before Emily Hawkins' scheduled arrival, clouds covered the sky, causing the conference room to dim. Its illumination now consisted of a fluorescent glow, rather than natural light pouring in from outside.

  Further dampening his mood, Rick received two emails which interfered with his focus. The first, from Judge Markum's chambers scheduling an argument on a summary judgment motion on a small matter Rick was confident he would lose. The second, a diatribe from Molly, detailing another long night of screaming from Samantha.

  Rick recited a brief summary of the email to Arnie, who replied somewhat non-responsively, "You married way above your batting average. How did you let her go?"

  Arnie's passing comment caused a flood of conflicting emotions that encapsulated his three year marriage: overwhelming love, frustration, and guilt. Seemingly simple concepts, but at this point still mish-mashed together in a conglomeration he couldn't separate without years of therapy–a ritual he was unwilling to undergo during their marriage and one he still wouldn't commit to pursuing.

  "It's a long story," he mumbled. Arnie did not follow-up.

  They stared at their phones, prepared for the second mediation. They understood the strengths and weaknesses of their case. Perusing the file wouldn't put them in a better position for negotiations. The chances of settlement depended on whether Spencer and Crotec viewed their case in a similar light.

  Edginess crept into Rick's gut. Typical for him before any court appearance, but somewhat unusual for a mediation. Today there would only be one of two outcomes. The first, they settle, the case is over and Rick collects a fee without having to prepare for trial. The second, they don't reach a settlement, and they are one step closer to a trial. Although a settlement under most circumstances is a positive outcome, the lack of an agreement isn't always bad.

  Rick took a deep breath, and while exhaling, extinguished any extraneous thoughts of his ex-wife, so he could focus on negotiating for the next four hours.

  The door to the room swung open and a voice in the hallway said, "Your attorneys are right inside." Rick and Arnie stood to greet Emily dressed in a pale green, flattering, yet simple, pants suit.

  She entered with her head erect and arm extended towards Rick. "I went out yesterday and bought this outfit at TJ's. I hope it's appropriate."

  "It's perfect. You come across as smart and sophisticated."

  Rick pulled out a chair for her. She sat and stared back and forth between her attorneys.

  "Anything else I need to think about? When do we start?"

  Arnie noticed movement in the conference room across the hall. "They're here." He pointed, "Spencer is the tall one and Crotec sports the bushy hair."

  Emily nodded and added, "The African-American man is the manager I spoke to when I went to the store. He wasn't pleasant when we met."

  The air conditioning in the conference room clicked on trying to cut through the rising heat from the unseasonably warm weather outside.

  Rick put a hand on Emily's shoulder. "Remember, this is business. We all keep our emotions in check."

  "Got it, boss."

  Two minutes later, Nisken poked his head into their conference room and invited them to join the other side in the center conference room. With deliberate calm, Rick led his delegation out of the room, the gnawing in his gut inhibiting his ability to project confidence. Rick wiped the palms of his hands against his pants as they entered the room.

  "A pleasure to see both of you," Spencer said, a huge grin plastered across his face.

  "You also, Virgil," Rick extended his hand. You're a lying, piece of crap were the actual words formulated in his head, but which he exchanged for what came out of his mouth.

  "How are you, Seb?" Arnie asked Crotec. Rick had little idea what words were bouncing around his partner's head, but he remained confident they included some choice expletives.

  Emily and Wayne Oliver nodded at each other and introduced themselves to their counterpart's attorneys. The seven people in the room took seats around the conference table.

  Silence consumed the room allowing Nisken to provide a similar introduction as in the first mediation. He paused after completing his monologue and asked Rick if he wanted to say anything to the other side.

  Hoping to introduce some tension into the proceedings, Rick stood and moved to the white board on the wall by the immense window.

  "I don't want to take up a lot of time rehashing facts everyone in this room already accepts," he began, "but let's make sure we're on the same page. The following is uncontested: An overzealous assistant manager from B & D chased down Jerry Hawkins in the parking lot. He deputized two other shoppers to imprison Mr. Hawkins by sitting on him, not allowing him to move or to breathe. They never made sure he was okay and when the police arrived, they got off him, but not before they killed him. We have no doubt they violated Pennsylvania law and are responsible for paying damages to his estate."

  Rick paused and picked up a marker. "Emily, as his surviving spouse, is entitled to the following types of damages:" He scribbled on the white board while saying, "Jerry's conscious pain and suffering, his past and future lost wages, humiliation and Emily's loss of her husband's consortium. These are the primary forms of damages, but if we end up at trial, we will pursue other categories of recoverable damages."

  Spencer and Crotec jotted notes on yellow pads while on occasion looking up.

  Not having any paper to write on, and unsure where she should be looking, Emily took in her attorney's presentation, staring straight at him.

  Rick spent a few minutes discussing the elements of damages and why for each Emily expected to receive substantial money from a jury. With his back to his audience, Rick jotted a number underneath the list, placed a dollar sign before it and circled it. He turned around with his body blocking his writing. "On behalf of her dead husband, Emily Hawkins demands that the defendants pay her . . . ."

  Rick stepped aside to reveal his client's demand. ” . . . the sum of five million dollars."

  The room remained quiet. Spencer and Crotec barely acknowledged the presentation was complete. They glanced at each other without speaking until Crotec stood without moving to the front of the conference room. "That was unfortunate, but expected."

  Turning his head ever so slightly in Emily's direction, he continued, "Losing a spouse is difficult and the people of B & D appreciate the difficulties you have suffered as a result of your husband's death. They regret he died on their property. Unfortunately, with such a demand, it's clear Mr. Waterston's client expects a windfall–which B & D is not now, and will not at any time prior to trial, be prepared to pay."

  Crotec directed his attention to the mediator. "What they failed to discuss–or take into consideration–is Mr. Hawkins brought his own death on himself. He stole from the store. He did not heed warnings and when lawfully detained, he resisted. No settlement can occur unless Ms. Hawkins accepts the fact her husband bears significant responsibility for what happened in the parking lot. We come here today in good faith–in recognition of Mrs. Hawkins' loss. This said, B & D cannot, and will not, be told the actions of its employees were the sole cause of his death."

  Crotec grabbed a stack of papers and thumbed through them allowing him time to take a deep breath.

  "We were hopeful coming into today, that reasonable heads would prevail and a settlement might be reached. We are much less confident in light of the exorbitant demand presented today. When we talked to our client yesterday they provided us with significant authority to settle, but with this demand, we are in two different ballparks and miles apart. In light of this demand, we must call our client to determine if there is any hope of settling and until we have this discussion, on behalf of B & D, we offer ten thousand dollars."

  Crotec dropped his head and shrugged his shoulders. He raised his eyes and caught the eye of the mediator. "B & D provided us with additional authority they wish to offer to Mrs. Hawkins. This, however, will only be done after a major reduction coming from the plaintiff." He shifted his gaze to Emily and then to Rick before sitting down.

  The air in the room seemed heavier. Rick and Arnie grabbed their yellow pads and signaled to Emily to follow them as they returned to the other conference room.

  Tears formed at the corners of Emily's eyes. "They think that's what his life is worth?" She collapsed into a chair.

  "Of course not," Rick said. "This is where we begin. We have room to negotiate."

  Nisken entered and sat across from Rick. They talked about the pros and cons of the case and of presenting evidence to twelve strangers sitting in judgment. Nisken focused on how Jerry's theft might influence a jury. Consistent with their prior discussions, they reduced their demand by two hundred and fifty thousand dollars to four million, seven hundred and fifty thousand dollars.

  Less than ten minutes later, Nisken returned shaking his head. "They've raised their offer to twenty-five-thousand dollars."

  "Dammit," Arnie said under his breath, and then made his voice audible. "They're screwing with us. This will never work."

  "I understand." Nisken frowned. "Can we cut to the chase and make a more measured demand?"

  Rick glared at the mediator. "They suffocated him on their property. We are being measured." He glanced at Emily who nodded her head. "We can go to four million, but we're walking if their next offer isn't in seven figures. Got it?"

  "I will convey your offer," Nisken said on his way out of the room.

  It didn't take long for the mediator to return. "They're offering 50k."

  "Fifty thousand dollars. You're kidding," Arnie smacked the table.

  "They said their authority is capped at a hundred thousand." Nisken didn't bother to place his whole body in the conference room.

  Sensing they'd been played, Rick stood to gather his materials and place them in his bag. "We're out of here. This was a complete waste of time."

  After collecting their belongings, Rick, Arnie, and Emily walked into the hallway.

  Spencer and Crotec met them in the void between conference rooms.

  Rick wanted to avoid saying anything, but Crotec approached with his hand outstretched and a plastered smile back on his face. "I thought we might resolve this, but sometimes you don't arrive at where you want"

  Rick placed a hand on Emily's back and whispered to her, "Give us a minute." He returned after depositing her down the hallway, placing her out of earshot.

  Crotec stood next to Spencer, his hands tucked in the pockets of his pants.

  Rick threw his shoulders back. "You guys don't want to settle. You wasted our time."

  Crotec gazed at Spencer. "We didn't think we wasted our time. We got what we wanted out of this. Rick, you should take our money. The guy's a thief–perhaps worse. Plus, aren't you in a little over your head with a case like this?"

  Rick felt his face go red. "What are you talking about?"

  Crotec smiled. "Nothing. We can deploy the full resources of our firm to fight this case. You have–well–your firm. It's not a fair fight."

  Arnie stepped forward and put a hand in front of Rick's chest. "Don't respond. These clowns like to talk trash. The problem is they don't know how to back it up. It's style over substance with these boys–except their style is substandard. They spend a thousand dollars on their suits and somehow still make them look cheap."

  Rick turned his head from the other attorneys. "Excellent point, Arnie. Let's go retrieve our client. She's classier than these ass clowns."

 

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