Alternative Dispute Resolution
Sep. 29, 2012
Put up or shut up: the basics of economic based settlements
Sometimes the defendant simply doesn't have any more money, and the mediation becomes about an "economic based settlement."
Robert S. Mann
Neutral, ADR Services, Inc.
Email: rmann@adrservices.com
Robert mediates and arbitrates business, real estate and construction disputes.
During the recent mediation of a lawsuit by a limited partner against the general partner of a failed real estate general partnership I was discussing the plaintiff's latest demand with the defendant general partner and told him that I thought it would take more than three times what he was offering to get the case settled. He let me explain why and then he said: "You're making an assumption here that isn't supported by the facts." I asked him what he meant and he said: "I don't have any...
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