What is a mediators proposal?
A mediator’s proposal is one method of bringing the parties to an agreement when they are at impasse. The mediator gives each party privately his or her opinion of the amount of money, for which the mediator believes the case can and should settle. If both parties agree to the mediator’s proposal, the case settles. If only one party agrees, the other party is not told of this agreement, thereby protecting the agreeing party’s bargaining position. A mediator’s proposal sometimes allows the parties to settle a case, where they are truly stymied and are unwilling to suggest further compromises. It is not used that often and most mediators much prefer not to use a mediator’s proposal but prefer that the parties themselves exchange offers and demands, thereby reaching agreement on the basis of their own suggested numbers. However, in appropriate cases, it can be a very useful tool.
