We attended a mediation at the District Court earlier this week. Our clients have an excellent case, supported by an expert’s report, but they are concerned that the enemy company is going broke and any money that they get paid might be clawed back by a liquidator.
Our clients are pragmatic. They offered to accept half of what they were owed in order to cut their losses, and would probably have accepted less. The enemy made a ridiculous offer to settle – that both parties walk away bearing their own costs.
Our clients decided to call their bluff, at least for the time being, and directions were made which means they now have 3 weeks to engage an expert who we believe will be unlikely to support their own case. The expense they will need to incur might prompt a better settlement offer, or it might not, but our clients had nothing to lose by exerting some extra pressure on the enemy company.
For assistance with dispute resolution, see Michael Paterson & Associates.