I recently mediated a case that was making steady progress—though the parties remained far apart, each move brought them closer. Three hours in, the defendant claimed it was running out of authority and suggested pausing until more could be secured. I pushed back, arguing that it made no sense to seek more authority without precisely knowing how much more authority was necessary to settle the case. Instead, I steered the discussion toward a mediator’s proposal, which I only make when I believe the proposal will and should be accepted by all parties.
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Whether a case settles at mediation is often about timing. A case will never settle if a party never elects to show his or her hand. It is also the case that revealing a “drop dead” number too soon may frustrate efforts to settle.
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