With both attorneys bickering over the rules for witness interviews and whether the NBA star will be able to blame the emotional distress of his accuser on others, the accuser and accused are gearing up for the Feb 2nd hearing.  

One major issue is the distress caused by the highly public criminal trial in which the defendant eventually dropped out due to instances of her name being leaked to the press among other things.

"It certainly would be a downside to having a settlement, not having the ability to tell what happened (testifying at trial)," Clune said. "At the same time, I think this has been such a tremendous ordeal that the concept of getting on with your life can be attractive."

At least one question has been resolved. The woman's other attorney, L. Lin Wood, has dropped the idea of filing a parallel lawsuit in California state court, where there is no limit on damages. In Colorado, liability limits make it difficult for a plaintiff to collect more than $733,000.