Alternative Dispute Resolution
Apr. 28, 2012
Is bracketing dead? New strategies for mediation
The most important thing to understand about the dynamics of efficiently negotiating a settlement is that both parties almost always arrive with a figure in mind.
As Cole Porter famously wrote: "You say tomato, I say tomahto, you say potato, I say potahto, tomato, tomahto, patato, patahto - let's call the whole thing off." Parties in mediation could be singing this song when the plaintiff says: "I want $500,000," and the defense responds with "We offer $5." Followed, sometimes, by: "Let's call the whole thing off."
Demanding $500,000, offering $5 and spending the whole day going back and forth is the tried and true method of "bracketing." ...For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In