From The Dark Side--Mediator Appointed In Microsoft Antitrust Trial

"From my 13 years in the Maine state court system, I am familiar with the truism that most parties settle on the courthouse steps. Some even settle in the midst of trial. Only when the parties actually are close to losing control of the outcome, do they face up to hard bargaining. Almost always one part wants to settle and the other does not.

I think Judge Jackson - who apparently has favored settlement for some time - tried to force the parties to the table by setting a pretty rigorous time table for further steps in the trial, as we carried on our page yesterday morning.

I heard on NPR a couple of days ago, concern expressed by one of the State AGs that Gates was making too many brash statements and taking too much off the table to promote a settlement. That may be political (small and large P) on Gates' part, trying to create a tough stance prior to settlement talks to strengthen MS lawyers' hands. Likewise, the DoJ lawyer who appeared on several Sunday AM news shows after the judge's Findings were published saying Justice would actually prefer a judicial decision may have been blowing smoke.

Should be interesting in the days/weeks ahead."