Risks of Mediator Proposals

As a facilitative mediator, I’ve never been a fan of mediator proposals. This article by a judge-turned-mediator, The Danger of Mediator Proposals, does a great job explaining why. In addition, I would note that, while mediator proposals can help parties settle on a dollar figure, parties who focus on money alone will miss the non-monetary components that could contribute to a better resolution. Indeed, if parties look to underlying needs and interests, they may not need to resort to the tactic of a mediator proposal.

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