Threaten Fee-Shifting & Arbitration

1. Threaten Fee-Shifting & Arbitration
   • Point out that under your proposed Fee-Shifting Amendment, any meritless litigation by him will cost him his fees. Even if not yet adopted, the prospect of having to pay your legal bills after a court fight will push him toward a quick deal.
   • Propose arbitration in Eau Claire under AAA Commercial Rules—cheaper, faster and private. The mere threat of public Chancery litigation often brings recalcitrant Members to the table.