"For them to use 2 weeks to resolve all these issues to me sounds almost impossible".
But Rosen asked for only 2 more weeks, and the parties and Lyons obviously had agreed that that was the additional time he should ask for. Settlement discussions had been ongoing for quite a long time before Lyons was named the mediator. And we were very close to a deal in May before the judge found the IT charges to be colorable. I can easily see how the parties might only need a few weeks of mediation to try to overcome, with the assistance of Lyons, their differences. I think we are close. Very close.
And I don't think the SNH's are getting out of mediation (or, if mediation fails, the bankruptcy proceeding) with all of their monetary claims intact. Some of the SNH's, perhaps all of them, will have to give up, voluntarily or involuntarily, some part of their monetary claims.
Bottom line: I think all parties want this to end in mediation. Even the EC. That means the EC is going to have to settle for less than what might be possible by litigating the IT claims out fully. That is what a settlement is always about, compromise. And, no, the EC's IT charges are not a slam dunk win. There is still a good chance that litigating those claims might result in something less than an all out win. Not to mention the burn rate, which will continue to burn until the case is over.
Finally, there are a number of appeals out there, any one of which could really upset the apple-cart if successful. Best to have the parties agree to a settlement in the near term and, as part of that, agree to pull the appeals. This is what I think they all want because the alternatives are far too uncertain and involve a continuation of the expensive burn rate.