So far this week, contention has been the name of the game.  Monday, Miami celebrated the Heat’s victory with a parade and parties throughout the city.  Meanwhile, the summer associates were experiencing a different sort of heat as we commenced negotiations for a Letter of Intent as part of our Mock Real Estate Transaction.  I have heard it said that after a fair negotiation, everyone walks away feeling like his or her opponent got the better end of the deal.  I think after Monday’s negotiations, ‘Pitbowl’, ‘Kim Card Ashian’ and their “attorneys” would tend to agree with that sentiment. 

Our summer associate class is full of fiery, determined individuals, which made negotiations trying at times.  That said, the brief tensions convinced me that these are individuals I would rather have on my side of the table or courtroom in the future than on the other side.  Furthermore, the two teams made up over drinks and sushi at Sushi Siam.  

The next day, there would be no reconciliatory sushi following a colorful multi-party mediation I sat in on.  The case has been dragging on for nearly fourteen years, and tensions run deep.

After roughly ten hours of negotiations, the parties reached a partial settlement, but it seems that lingering issues will have to wait for the judgment of the appellate court for closure.  This tag-along was my first real exposure to the mediation process, and I am looking forward to implementing what I learned in my Mediation course at BC Law this fall.