Frequently Asked Questions
What is a Mediator's Proposal?
A Mediator's Proposal can be a good way to jump start stalled negotiations. The object is to get over the impasse, and return to bargaining, it should not be the Mediator's evaluation of the proper outcome of the mediation.
Separately, the Mediator makes the same proposal to both sides. The ground rules are that each side is expected to privately provide a yes or no, whether to accept or reject the Mediator's Proposal. If both sides accept the Mediator's Proposal, the matter is can be resolved consistent with the Proposal. If either side rejects the Mediator's Proposal, the Mediator continues with the mediation process, but does not disclose which party has accepted or rejected the Proposal.
My approach is to frame the Mediator's Proposal in terms of what might work to satisfy the expressed interests , or needs of both parties, rather that what a final jury or court judgment would produce. The Mediator's Proposal should not be the Mediator's personal view of what's fair, and it should not be presented as an Expert Opinion on the issues.