Mediator's Proposals

When (and How) to Use a Mediator's Proposal

In most mediations, meaningful progress happens. Offers move. Risk is analyzed. Expectations adjust.

And yet — sometimes the parties end the day just short of resolution.

When that happens, one of the most effective tools available is a mediator’s proposal.

💡 Negotiation Tip: Think of a Mediator’s Proposal as a Bridge — Not an Evaluation

 A Mediator's Proposal is NOT:

• An opinion about the value of the case

• A prediction of a jury verdict

• A signal that one side is “right”

A Mediator's Proposal IS:

A proposed settlement the mediator believes both sides can stretch to reach, based on the negotiation dynamics, risk analysis, and confidential discussions that unfolded during the mediation.

When Is It Most Effective?

A mediator’s proposal can be particularly helpful when:

• The parties have made significant movement but remain separated by a final gap

• Negotiation fatigue is setting in

• One or both parties need a little more time (or authority) before committing

• Both sides want resolution but need a structured mechanism to move further

How It Works

The mediator asks both sides individually if they would like to consider a mediator's proposal. If both agree, the identical proposed settlement terms are delivered to each side by email, with a deadline to respond. Each side responds with a simple “yes” or “no" to the mediator ONLY, so the other side does not see the response.

• If both sides accept → the case settles.

• If either side declines → the matter remains unresolved, and neither side is told how the other responded.

This process preserves confidentiality, protects negotiating positions, and often provides the final structure needed to reach closure.

💡 Negotiation Tip: Mediator's Proposals are almost always accepted by both sides.

A well-timed mediator’s proposal can prevent an otherwise productive mediation from ending in avoidable impasse — saving clients additional time, expense, and uncertainty.

The goal of mediation is not simply movement — it is meaningful closure. Strategic use of negotiation tools can help clients reach that outcome efficiently and thoughtfully. Please reach out if you would like to discuss how best to position your case for resolution.