L2
LOL, as I stated "for whatever reason" he did his thing. Nobody knows what moves staff counsel in the federal system. I consider the fact that he extended the time for briefing to be significant because of his power to accelerate the process if he smells frivolity. As a general rule, arbitration cases that reach this level have very little chance of settling. Both sides are usually dug into their position with longer, unbreakable cleats. You cannot even crack a joke about the case around the office with the handling attorneys within earshot. Both sides have developed an utter disgust for the other. The lawyers and their clients may be tired of each other. All in all, it is not a very pretty picture at this stage. The time for settlement has come and gone. The hardest file to open is one that you have worked on for 2 to 3 years about the same issues over and over again. Each side has a hornrimmed Johnny combing through the advance sheets in hopes of finding some new law or decision that helps their cause. You get an occasional phone call from your client screaming about how slow the arbitration process has been and if they had known this was the case, they would never have agreed to the arbitration clause in the first place. Usually, just after you have hung up, a contracts lawyer calls and says ole Bob at xyz company wants to know if arbitration clauses are the way to go. You want to tell him that you do not give a big rat's toid about what Bob wants, but you cannot. Your lunch is spoiled by now and you decide to eat the worst things for you in hopes of an early retirement disability.
Anyway, I hope the above gives an old warrior like you some insight as to the setting at this time of this arbitration process.
MO
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