Can the Other Party force Me to Settle the Case?
Full Question:
Answer:
Whether or not to accept an offer of settlement is a matter of personal choice, based on all of the facts and circumstances in each case. Factors considered, among others, include the time and expense of further litigation, the likelihood of success, and the expected amount to be recovered in a judgment.
I suggest calling the local clerk of courts, as local rules ary by court, regarding the requirement for a social security number. However, state rules of civil procedure have no such requirement and it is likely a requirement of the entity as a condition in their offer.
Please see the following FL rule:
Rule 1.442. Proposals for Settlement
(a) Applicability. This rule applies to all proposals
for settlement authorized by Florida law, regardless of the
terms used to refer to such offers, demands, or proposals,
and supersedes all other provisions of the rules and
statutes that may be inconsistent with this rule.
(b) Service of Proposal. A proposal to a
defendant shall be served no earlier than 90 days after
service of process on that defendant; a proposal to a
plaintiff shall be served no earlier than 90 days after the
action has been commenced. No proposal shall be served later
than 45 days before the date set for trial or the first day
of the docket on which the case is set for trial, whichever
is earlier.
(c) Form and Content of Proposal for Settlement.
(1) A proposal shall be in writing and shall identify the
applicable Florida law under which it is being made.
(2) A proposal shall:
(A) name the party or parties making the proposal and the
party or parties to whom the proposal is being made;
(B) identify the claim or claims the proposal is attempting
to resolve;
(C) state with particularity any relevant conditions;
(D) state the total amount of the proposal and state with
particularity all nonmonetary terms of the proposal;
(E) state with particularity the amount proposed to settle a
claim for punitive damages, if any;
(F) state whether the proposal includes attorneys' fees and
whether attorneys' fees are part of the legal claim; and
(G) include a certificate of service in the form required by
rule 1.080(f).
(3) A proposal may be made by or to any party or parties and
by or to any combination of parties properly identified in
the proposal. A joint proposal shall state the amount and
terms attributable to each party.
(d) Service and Filing. A proposal shall be served on
the party or parties to whom it is made but shall not be
filed unless necessary to enforce the provisions of this
rule.
(e) Withdrawal. A proposal may be withdrawn in writing
provided the written withdrawal is delivered before a
written acceptance is delivered. Once withdrawn, a proposal
is void.
(f) Acceptance and Rejection.
(1) A proposal shall be deemed rejected unless accepted by
delivery of a written notice of acceptance within 30 days
after service of the proposal. The provisions of
rule 1.090(e) do not apply to this subdivision. No oral
communications shall constitute an acceptance, rejection, or
counteroffer under the provisions of this rule.
(2) In any case in which the existence of a class is
alleged, the time for acceptance of a proposal for
settlement is extended to 30 days after the date the order
granting or denying certification is filed.
(g) Sanctions. Any party seeking sanctions
pursuant to applicable Florida law, based on the failure of
the proposal's recipient to accept a proposal, shall do so
by serving a motion in accordance with rule 1.525.
(h) Costs and Fees.
(1) If a party is entitled to costs and fees pursuant to
applicable Florida law, the court may, in its discretion,
determine that a proposal was not made in good faith. In
such case, the court may disallow an award of costs and
attorneys' fees.
(2) When determining the reasonableness of the amount of an
award of attorneys' fees pursuant to this section, the court
shall consider, along with all other relevant criteria, the
following factors:
(A) The then-apparent merit or lack of merit in the claim.
(B) The number and nature of proposals made by the parties.
(C) The closeness of questions of fact and law at issue.
(D) Whether the party making the proposal had unreasonably
refused to furnish information necessary to evaluate the
reasonableness of the proposal.
(E) Whether the suit was in the nature of a test case
presenting questions of far-reaching importance affecting
nonparties.
(F) The amount of the additional delay cost and expense that
the party making the proposal reasonably would be expected
to incur if the litigation were to be prolonged.
(i) Evidence of Proposal. Evidence of a proposal or
acceptance thereof is admissible only in proceedings to
enforce an accepted proposal or to determine the imposition
of sanctions.
(j) Effect of Mediation. Mediation shall have no
effect on the dates during which parties are permitted to
make or accept a proposal for settlement under the terms of
the rule.