Daic is very experienced at this IMO and knows he can settle even during trial. I would have NO expectation that he will settle merely because there is a mandatory mediation. That said, there are some VERY GOOD mediators out there, I just think this would take the very BEST Mediator at this point.
As far as TM goes, I can't think why there would be a reason for TM to "Play us". It seems their choices are:
1) enter into honest discussions with Calypso Now.
2) Wait (and hope???) the State case is awarded to Daic so they can deal with him - (otherwise why wait?)
3) Go to trial
I can't see #2 as being in their interest, but who knows what they think? For all we know Drago has already contacted them and told them to screw with Calypso and he will settle with them for $1.00
Number 3) is where we were and there is no advantage to simply putting off the trial if they have no intention to settle. Would just cost them more time and money.
Therefore, my logic says they do intend to discuss settlement in good faith...Current management seems to be proceeding as I would expect, BUT, my logic has certainly failed regarding past management of this company.