Alternative Dispute Resolution
Apr. 23, 2025
Your case, your call: Rethinking mediator's proposals
See more on Your case, your call: Rethinking mediator's proposalsA Mediator's Proposal can be a powerful settlement tool if used thoughtfully and collaboratively, but mishandling it - especially without lawyer input - can derail negotiations, damage trust, and risk ethical missteps.
Jeff Kichaven
Mediator
Jeff Kichaven Commercial Mediation
Insurance coverage, trade secrets, trademark, copyright, patent, liability, legal malpractice, commercial disputes
515 S Flower St, Fl 18
Los Angeles , CA 90071-2221
Phone: (888) 425-2520
Email: jk@jeffkichaven.com
Harvard University Law School
The Mediator's Proposal is one tricky tool. Done well, it brings a lawsuit to an end. Done poorly, it prolongs- or even escalates - conflict. So, it's important to manage it wisely. But how?
First, a definition of terms. A Mediator's Proposal is the mediator's invitation for all sides to agree - simultaneously - to terms of settlement. Each side responds confidentially. If everyone accepts, the mediator uncorks the champagne and announces a deal. If anyone rejects, ...
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