Are you stuck in negotiations at mediation?  Suggest that the mediator make a Mediator’s Proposal.  Based upon the negotiations to that point, the mediator is often in a unique position to propose a settlement that, as we say in mediation, makes everyone at least a little bit unhappy.  The mediator proposes a settlement.  Each side says yes or no.  If both parties say yes, we have a settlement.  If either party says no, there is no settlement.  However, if one party says yes and the other party says no, the “yes” will not be communicated to the other side.  As such, the “yes” party is not seen as having shown weakness.  The Mediator’s Proposal has become a very effective settlement tool in my practice.

 

Rod B. Neuman, Esquire is a Florida Supreme Court Certified Circuit Court Mediator Certified Mediator and bases these observations upon his experience mediating cases throughout the State of Florida.