If the M&D conduct trial is the only option why has there been no movement on that for months now. No hearings, no date set for trial.
Negotiation is always an option and like Sisyphus says it could be the only way both parties end up with a win/win.
I think a negotiated settlement is more likely than not. Both IG and NB are smart businessmen and if both can achieve their aim without going to trial I'm sure they will take it.