Their arrangement was a mismatch and a mistake.
Jan did not understand what Mandy wanted. She believed that Mandy’s ideas were about work other than the website. Mandy wanted a collaborator on her website, which Jan was not prepared to do.
I said that the case should be resolved by the return to Mandy of some portion of the fee to Jan. I said that I was prepared to rule on the case at once, but I was concerned that any judgment would hurt Jan’s ability to borrow money for her school tuition. I also said that if the case was not settled, Mandy would probably have to engage a collection agency or lawyer to collect my arbitration judgment.
I suggested to both of them that they instead negotiate a fair settlement, with reasonable payments over time and with stiff enforcement “teeth”, allowing Mandy to enter judgment for the full fee if Jan did not pay any installment.
After some discussion between them, the parties agreed to settle the case by splitting the $4,000 fee in half. Jan agreed to pay Mandy $2,000 in two installments.
Do you agree?