Top Law Schools

I'm writing my first memo right now, and I frankly have no idea who might win. We've been told to always pick a side, even if we want to condition it (the court will likely find for Mr. Smith). But in this situation, I really don't think I can say. I've said "the court might find for plaintiff because..." and "the court might find for defendant because..." and now I'm wondering if I can/should put in a paragraph about "alternatively, a potential settlement option may be..." Is this something that is acceptable for a memo? Or should I avoid it? Thanks!