DO I HAVE TO SETTLE?

DO I HAVE TO SETTLE?

COMMENT OF THE DAY #57 EPISODE 3 MEDIATION The Court instructs the parties to try to mediate a dispute. Suppose it’s an H + W post-divorce maintenance/financial dispute. Suppose the W wants a lot + the H offers a little. The Judge says “Go Away +...
IS IT AN OFFER TO SETTLE?

IS IT AN OFFER TO SETTLE?

COMMENT FOR THE DAY #53 MEDIATION Party A makes an offer in a mediation. Party B thinks the offer is “derisory” + an “insult”. Party B threatens to walk out of the mediation + inform the court that Party A did not engage in the mediation “in good faith” (i.e. in...