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.
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