I recently mediated a large personal injury case in which the plaintiff sustained severe injuries. As is often the case, the parties started the mediation far apart. I told the parties that negotiations are often reciprocal with large settlement moves responded to with large moves in return and small settlement moves responded to with small moves in return. Notwithstanding my recommendation that the parties make large moves at the outset of the mediation to narrow the range between their settlement positions, they took the path of only making small moves.
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I am personally not a huge fan of mediator’s proposal. I prefer for the parties, with guidance, to reach agreement on their own. Sometimes, this is not possible and the only way to resolve the dispute is for the mediator to step in and recommend the terms of a settlement.
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