Tim , As i read via different article re Mediation , there are Three optimum times for mediation of a patent case . The first is after exchange preliminary infringement contentions , second preliminary invalidity contentions and the third claim construction statements. I believe Handal is very confident re claims strength that agreed for Mediation after claim construction order by judge. If you read those case laws majority of successful mediation happens after claim construction order that will make mediation very productive and greatly enhance the settlement.
The key issue in this regards is Handal doesn't want very early mediation. they want the defendant fully aware of significance of Nunchi claims via Judges interpretation. If they are so confidant about this route , then the mediator have full authority to negotiate and ultimately settle the case.
Participation by phone does not allow the mediator to a personal rapport with the representative. I am not a legal expert , but i am very interested to do my due diligence in these legal issues for better understanding. All above just my own opinion.
