Originally from Alternatives to the High Cost of Litigation

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This article addresses a question that arises from time to time, most recently in a complex commercial case in which there were three parties: the Plaintiff, Defendant A, and Defendant B. 

This author was the mediator and had the parties in three separate rooms because feelings were strong (a) between the Plaintiff and Defendants, and (b) between Defendants A and B. As usual, my fee was being paid equally by each of the parties. 

After a few hours, I had made little progress in working out an overall settlement. Defendant A was being difficult; Defendant B intransigent. Then Defendant A raised the possibility of making its own separate deal with the Plaintiff, and leaving Defendant B to fend for itself in the litigation