In settlement settings we need to really watch what we say to avoid disengaging the other side. Perhaps no other phrase from the defense can short-circuit a mediation faster than the insulting phrase that the plaintiff's case is worth no more than "nuisance value". When stated in a caucused room, that phrase should never make its way into the other room. Likewise, I recommend that it not be used in any mediation letters or briefs that are shared with the plaintiff. It's expected the defense will contest liability or causation, but the plaintiff will never be receptive to the idea that he or she is a nuisance. It's more than a matter of semantics, it's a matter of respect.