In Law360: The Mediator’s Proposal As A Tool For Litigants

April 28, 2017 - The article, "The Mediator’s Proposal As A Tool For Litigants" by Dennis Klein was published in Law360.

The end of the mediation day is near. There has been no success in negotiating a resolution. Everyone is frustrated and the mediator is ready to declare an impasse. Should a mediator — the legal neutral to the dispute — try to resolve the case by issuing a nonbinding proposal based upon a dollar amount that he feels could be accepted by the parties? With more frequency, the answer that the mediator, counsel and the parties have reached is a resounding “yes.” Mediators' proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Why is this occurring and what are the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation?

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