When is a Mediator's Proposal Appropriate?

more+
less-

In my view, the mediator’s proposal is overused and abused. It is not an appropriate settlement technique in most cases, yet it is used too often out of frustration at the conclusion of an unsuccessful mediation. When is a mediator’s proposal appropriate? First, a mediator should only make a proposal when all sides of the case request one or give their consent to the mediator making one. An experienced mediator should not impose his/her terms on the parties without their consent. Second, unless the parties are in a range within in which the case can be settled, a mediator should refrain from making a proposal even if the parties want one.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bruce Friedman, Friedman Mediation | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

Bruce Friedman
Friedman Mediation

Bruce A. Friedman handles a variety of commercial disputes ranging from insurance disputes to class... View Profile »


Follow Friedman Mediation:

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×