you said: "agree, chances for settlement thru mediation are pretty much zero,"

I didn't say that AT ALL, so please be sure what you say you agree with. To be clear, I don't see that they have to settle right NOW, or even in the days or possibly weeks to come. The pressure will be turned up ONLY when the trial dats approaches, or by some other event -- such as the mediator declaring an impasse, which I don't believe likely. Now if you agree with all of that, fine.

JMHO.