Alternative Dispute Resolution
Mar. 19, 2021
Mediator’s proposals: value and unintended consequences
When appropriate, a mediator’s proposal can be deployed to great effect. But it’s just one tool at a mediator’s disposal.
"We are at an impasse! We will move no further." How often have parties uttered those words, often out of impatience, fear or for strategic reasons. Whenever parties seem to find themselves in this situation, I am reminded of the wisdom of that master mediator Yogi Berra: "When you come to a fork in the road, take it."
In 20 years mediating commercial and employment cases, I have rarely seen a genuine impasse. Nearly all mediated ma...
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