As mediators, we encounter a lot of reasons why people choose not to settle a matter. One that we hear from time to time is that it is the principle of the matter that is the impediment to negotiation. A party cannot or will not settle the matter on the principle that it is somehow just “not right” to give any credibility to their opponent’s position by entering into settlement discussions. There is a common belief ingrained in American culture that people who have “done nothing wrong” do not end up in civil litigation, and if they do, they are duty- and honor-bound to see it through to the end in order for justice to prevail, damned the expense.

Originally published from the ABI Journal, Vol XLI, No. 6 - June 2022.