Alternative Dispute Resolution
Dec. 1, 2012
Just what exactly is a mediator's proposal (and when can one help)?
Learn the nuts and bolts of dealing with a mediator's proposal. By By Michael D. Marcus
Michael D. Marcus
Mediator, ADR Services, Inc.
Judge Marcus (Ret.) has a well-deserved reputation throughout California as a skilled, personable and forceful mediator and a fair and impartial arbitrator, having been honored by the Daily Journal as a "Top Neutral" for six years and as a "Southern California Super Lawyer" for 2008-2020. He has mediated over 3,000 matters and arbitrated more than 100 cases.
What is a mediator's proposal? Most often, it is a proposal by a mediator to settle litigation between the parties. (Much less frequently, it is used to break an impasse on interim issues, such as suggesting an acceptable bracket for ongoing negotiations.) Generally, the proposal has two approaches: it is either a mediator's educated guess as to the settlement terms that will be acceptable to all of the parties or, alternatively, is the mediator's evaluation of what the case is "w...
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