Both sides unhappy.
On the today show this morning, madoff's lawyer said that a good result in plea bargaining was when both sides were unhappy.
In business of both sides are unhappy with a deal, it doesn't get done. Quite simply we should not be able to force someone to do a transaction they don't want.
It doesn't mean that you can go ahead and ignore things you don't like. It simply means that the legal approach and business approach are very far apart.
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