How to Handle an Unreasonable Opposing Party
By design, the litigation process holds some perverse incentives for some people to make unreasonable claims just to see if they pay off
A tried-and-true way to maximize settlement opportunities is to prepare for trial. For high earners and trust beneficiaries, it can be frustrating to make a reasonable or even generous settlement offer to the out spouse only to learn that the offer is rejected with a request for “more.”
Don’t get in a rush. There is an endurance aspect to litigation. Even if your offer is very generous and far exceeds what the other side could expect at trial, if you push them, you may scare them away. Remember, they are the out spouse with less access to resources and information, and distrust mounts during lawsuits. Keep your offer open for a reasonable period of time to let them think about it.
Stay focused on the Big Picture. Of course you would like closure and you have looked for ways to resolve your case. The other side has their own goals and gets to keep their options open for a time. With your lawyer, you can continue to work the process and move your case to resolution. Don’t take immediate, drastic measures to try to starve them out, as those can backfire and actually open the door to them obtaining relief and money awards that they otherwise might not have received if you’d stayed the course.
Don’t take anything for granted. Is there a gap or some element that makes the other side think that they have a claim that they shouldn’t? Do they have all your evidence for trial? Continue your due diligence and use your resources to cover all the bases. The more transparent you are about your trial preparation, the better they will be able to assess the situation and consider your proposal for settlement.
Unreasonable opponents often feel desperate due to the income disparity and imminent change in their lifestyle. If you make assumptions such as, “They should know better” or expect them to take your first offer simply because you are being generous, you can actually send the wrong messaging and unnecessarily perpetuate the lawsuit. By not taking shortcuts, you can make comprehensive information disclosures and an attractive settlement offer to incentivize them to recognize reality and resolve your legal disputes.
