I come from the business world where everything is "negotiated". One party offers, the other counteroffers until a mutual agreement is reached successfully (involving a 3rd party arbitrator, if necessary).
Neither the Fex nor his counsel have made a counter-offer or provided ANY indication of what is "inadequate" or what he "wants".
Allowing this proceed to trial means the judge decides - they abdicate their ability to influence the decision based on the circumstances of the situation. I thought all lawyers took pride in their ability to represent their client rather than hand control over to the judge.

