Lawyer Monthly - November 2021 Edition

series I was producing. The amount at stake was roughly $1 million. This was a key component of the financing of a TV series which was already in production and was too costly to cancel. Reluctantly, I commenced a lawsuit against them. As a pre-trial step, the court required an attempt at arbitration. I spent a day in Maryland with my New York-based lawyers meeting with an arbitrator who would alternate between our room and the other party’s room to hear arguments. At the end of the day the judge, clearly exasperated, admitted that he felt we were likely to succeed if the case went to trial, but it would probably cost $500,000 or so. He asked if I would accept that amount to settle right then. I refused. My counsel asked for a private word. When the judge left the room, they agreed that we were likely to win at trial but disagreed at the cost. They felt it would probably run to about $1.5 million rather than the judge’s estimate of $500,000. So, I took the offer. I felt then and do now that, had we had a mediator or arbitrator more familiar with common practices in the industry, they might have been more persuasive with my opponent. We had spent most of the day explaining to him how producers commonly work with broadcasters and vice versa. That was the first time it occurred to me that 48 WWW.LAWYER-MONTHLY.COM | NOV 2021 EXPERT INSIGHT In creative and cultural industries, the pres- ervation of a good working relationship is of critical importance.