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Q: How can an offer be kept open?
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What are the Pros and cons of open market?

An open offer to settle a dispute puts the opposing party on the back-foot as the open offer can be brought to the attention of a judge at trial; unlike a Without Prejudice offer. If the judge can view an open offer, he can see that they the party who has made the offer has attempted to come to some kind of compromise. This will be considered when the judge makes a decision as to each party's legal costs.