NO. The time to mention settlement or MESP recommendations was during the counsel fee portion of the trial or sealing the MESP recommendations if accepted, given to the judge, and let the judge review them after trial decision was made.
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If the dispute is over counsel fees, the parties' pre-trial settlement positions might be relevant, but no settlement negotiations are admissible for any other purposes.
Robert Ricci, Jr.
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While you can "mention" what you like and you don't specify to whom you want to "mention" I am assuming you want to bring this up to the Judge. Settlement negotiations that do ot result in a binding agreement cannot be used during litigation. The only relevance would be on a fee application if you are arguing that the position of the oppsoing party was not reasonable under the circumstance, which is one of the criteria for awarding legal fees. As a practical matter, if you are in current settlement negotiations, you can address the fact that certain settlement proposals have been made as a means to settle your case not. However, you cannot introduce it as evidence at a hearing.
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Settlement proposals are not binding. Once a decision is reached after trial, apparently the earlier settlement proposal was rejected. Once you have a trial you have submitted the decision to a judge and waived the opportunity to negotiate a settlement.
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