By Karen Abbott, Rocky Mountain News
November 20, 2004

Kobe Bryant and his alleged rape victim are willing to talk about settling her federal lawsuit, their lawyers told a federal judge Friday.

"(T)he parties hereby certify that they have discussed the possibilities for a prompt settlement or resolution of the case by alternative dispute resolution," the lawyers said in a court document they submitted this week to Colorado U.S. District Judge Richard Matsch.

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They had to say that, according to Denver lawyer Scott Robinson.

A formal statement about settlement possibilities is required by federal court rules. Technically, the lawyers could have told Matsch that they and their clients found the mere thought of settlement abhorrent because their principles and honor are at stake.

Realistically, such an answer would get them in too much hot water with the judge, Robinson said.

"It's an option that will bring the wrath of judge down upon the miscreant parties in any case in which monetary damages is the ultimate verdict sought," Robinson said.

"Personal injury cases, when all the dust is settled, are about money, and no federal court judge is going to countenance a plaintiff or a defendant abjectly refusing to come to the settlement table," he said. "It's not an acceptable option."

Bryant's lawyers told Matsch that the basketball star would be willing to try mediation before the woman's lawyers take his deposition.

Lawyers for the woman, Katelyn Faber of Eagle, said she'd rather try mediation after they take Bryant's deposition.

"Whether it's posturing or not, the plaintiff's lawyers are taking the position that they don't want to talk turkey before they have a chance to take Kobe Bryant's deposition," Robinson said, "while the defense is doing what the defense is supposed to do: attempt to reduce the costs of litigation to their client by exploring settlement before spending a lot of time and money on depositions."

Lin Wood of Atlanta, a lawyer for Faber, said Bryant's lawyers are scheduled to take her deposition - answers under oath to questions posed by the lawyers - on Feb. 1. He said this week that no date had been set for Faber's lawyers to question Bryant under oath, but early December was being discussed.

Denver lawyer Craig Silverman, who has followed the case, said the disagreement about when mediation might occur is a sign that Bryant's deposition would be "a pressure point" for him.

"She's already testified, so it's not that big a deal for her," Silverman said. "Kobe Bryant has never testified. That's a big deal."

Faber, who has accused Bryant of raping her in the summer of 2003 at a Colorado mountain resort where she worked and he was a guest, testified behind closed doors during the criminal case against Bryant in Eagle County.

Bryant, who is married, has admitting having sex with Faber but has insisted the encounter was consensual.

The criminal case against Bryant was dismissed during jury selection in September after Faber announced she would not proceed as a witness.

"His deposition is going to be very uncomfortable for him, because he's going to be asked, at a minimum, about alleged encounters with other women," Silverman said. "It's all about turning up the pressure on Kobe Bryant."

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