Does This Seem Fair?

Get this...

I have a case that settled. As part of the CR2A agreement  (a binding contract entered at mediation) if the two lawyers encountered problems drafting the final divorce papers, we were to send the issue back to the mediator for resolution through what's called binding arbitration. 

Last week, before I had received comments back from the other attorney about my proposed language changes, his office called to schedule the arbitration. The assistant asked about my availability the following Wednesday (tomorrow).  I said, "My client will have a new attorney for the arbitration. I can't give authority to schedule it on Wednesday.  Besides we haven't even fully exchanged positions." 

The response:  "I don't care. I'm going to set it anyway so we have something if needed."

Today I notified the other attorney 1) my client can't attend, she's working, 2) we're still negotiating. She only got the documents on Monday night and new proposals came in  today, 3) she already thinks the mediator is not fair to her.   We're canceling until she's ready."

He refused to accept my cancellation of the binding arbitration.  I wrote the mediator.  "Hey, we're not ready. We just got new proposed language on today. The issues aren't  fully discussed yet. How can we be in conflict, if we got new proposals just today?   Can you wait until we have a chance to brief you on the issue before you rule?  Besides,  this was all scheduled over my objection."

I'll let you know how it goes.   

For the record.  This type of  awfulness is what you get it you go to very well reputed attorneys.  It makes me ashamed to be an attorney.  If McDonald's cooked hamburgers with such efficiency, a Big Mac would cost $43.50.