sorry for late reply. Just to be clear, parties are not obligated to reach a settlement in a mediation. The mediator only encourages and assist the parties to reach a fair and reasonable settlement. If there is no settlement, then the case simply continues all the way to trial until a settlement is reached of course, just like the settlement with Microsoft. In can just happen anytime. However, it may take some time with the 3 defendants and that is according to Kay himself.
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