W3A: Ms. Earnest claims she was discriminated against and wants $50,000 in damages. Assume that Ms. Earnest does not want to return to work with Cutting Edge Computers and, as the facts indicate, is anxious to settle because she needs the money for a down payment on her new home. After researchingthe facts and the law, you as her attorney estimate that she has (a) a 60 percent chance of winning (b) $50,000 at trial and that (c) the attorney fee and other costs would be about $10,000 (in real life, you would have to make these three difficult judgments). Cutting Edge has offered to settle the case by paying $16,000.

How might you respond to the following, possibly adversarial moves?

a. Cutting Edge Computers takes the hard position that the company did not engage in any discrimination, asserts it will not be subject to extortion in this mediation, and blatantly ignores your evidence of discrimination.

b. Several hours into the negotiation, Cutting Edge Computers threatens to abandon the settlement efforts and go to trial.

c. The client representative for Cutting Edge Computers belligerently attacks Ms. Earnest's work ethic and integrity by accusing her of shirking her responsibilities and stirring dissension among other employees.