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."
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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