Jan. 30, 2026
Reframing early offers to promote resolution, not retaliation
Extreme opening offers in mediation remain ritual, not strategy--inviting deadlock over dialogue and raising the question: What if one side simply started somewhere more reasonable?
The exchange of offers at the outset of mediation often follows a familiar script: Each side begins with an extreme proposal that neither expects to form the basis for resolution. Consider a lawsuit in which the outcome is uncertain, each side having some prospect of success. According to ritual, the plaintiff offers a negligible discount from its best case, while the defendant offers to pay only a sm...
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