Indeed, the court now expects you to make a move and do it well before any trial date. The practice adopted by some parties of leaving negotiation to the very last moment is quite undesirable. The judge recognised that willingness on both sides to talk is all about tactical manoeuvring. With respect to the learned judge, I think he is half right. Reluctance to talk is also something to do with machismo.
Clients become warriors on a battlefield.
That field is full of bull and the stuff left behind from the behinds of bulls. The truth is that clients want to get out of the confounded distraction of litigation. But time and again, I am told not to make a move towards settlement, since the other side will see it as weakness. Listen, the other side in construction industry cases detests going legal as much as your side does. But the affair drags on.