A mediator now has to deal with this emotion and help the parties

However, now the economic downturn has replaced this year end rush. Defendants do not have available cash for a settlement and are responding by offering a schedule of payments over time. Plaintiffs are no longer looking to use the settlement monies to spend on the purchase of goods.6 requires the court to retain jurisdiction over the case in order to enforce the settlement agreement, some courts insist that once a settlement is reached that the parties dismiss the case so the case is removed from the court's docket. Mediations have not turned into fire sales, but it has caused the mediator, as well as all the participants to become more realistic and to settle what is attainable today, not chase a possibility of recovery sometime in the future. Deep Groove Ball Bearings manufacturers Those who insist on sticking to the issues of liability and damages and hammer away to try to reach a settlement, without dealing with the effects of the economy on each of the participants, may look back and see their efforts as an exercise in rearranging deck chairs on the Titanic.Some plaintiff's are very wary of payout schedules because it signals to them that defendant may not be liquid and they may face being listed as a creditor in a bankruptcy petition.Economic concerns emanate from all the participants in mediation. Even though California Code of Civil Procedure section 664. The plaintiffs are China Spindle Assembly Parts Manufacturers looking for cash for the holiday and are ready to settle their case, even though that may mean they will take less money to settle. For the defense attorney, if the client turns into a non paying client the pressure mounts to cut the client lose. Mediators who speak to what's real for all the parties and the attorneys the stock market, bank failures, tight cash and the cost of getting through the daywill advance settlement of the case. Filing a new action, increases the delay of receiving the settlement funds and increases the costs for the plaintiff.. A large amount of account receivables is not healthy for any law practice and threatens its existence, for example, the dissolution of Heller Ehrman was recently caused in part by an estimated $118 million in accounts receivable. Dismissing the case may help the court's docket, but it divests the court of jurisdiction and leaves the plaintiff with no other alternative but to file a separate action for breach of the settlement agreement. Mediators must confront these concerns and emotions with all the participants, including attorneys. This untold pressure can cause the defendant's attorney to have the 'reasonable settlement offer discussion' with his or her client and may prompt the defendant to engage in settlement talks earlier than expected.We have always been told that parties are in a settlement mode at the end of the year, around the holidays.This economic downturn is driving reasonable settlements that are paid out now, not in the future.