Thread: Adr
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Old 06-01-2021, 01:28 PM
tilt tilt is offline
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Join Date: Dec 2009
Posts: 377
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ADR/Mediation is not necessarily cheaper than trial and is a lot easier for one side to just draw out (whereas a defined Trial date brings clarity of mind to some parties and a LOT of cases settle the day before trial).

You can always put in an offer to settle at any time, but nothing compiles them to accept it (except, as mentioned, when a trial date is set and they suddenly have to pay a huge retainer to their lawyer and realise it may be cheaper to settle).

To be legally binding you should include with your offer to settle all updated disclosure. Otherwise an accepted Offer can be set aside if the other side discovers you hid relevant information.
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