If Mark offers to settle the claim with Drew before trial and she refuses, what should happen at trial when his offer comes up?

When Mark makes an offer to settle a claim with Drew before trial and she refuses it, the appropriate handling of that offer during the trial is crucial. The correct response is that the objection should be sustained, preventing mention of the offer. This is because settlement offers are considered to be "settlement negotiations," which have specific protections under the rules of evidence.

In Florida, as in many jurisdictions, offers to compromise are typically inadmissible in court to encourage parties to settle disputes without fear that their attempts to negotiate will be used against them in litigation. Allowing the jury to hear about such offers could prejudice their judgment, leading to potential harm to the integrity of the trial process.

Consequently, the court will sustain objections to the introduction of evidence regarding the settlement offer to ensure that the trial remains fair and focused solely on the merits of the case as presented by the evidence. This approach fosters an atmosphere conducive to settlement and acknowledges the sensitive nature of negotiation efforts, keeping them confidential and separate from the trial's proceedings.