The Mediator Proposal

Last Friday we settled a four-year-old case via what's called a mediator proposal (MP).

Before our scheduled jury trial in June, the parties agreed to participate in a non-binding mediation.

How does a mediation like this work?

Well, while the parties are in different conference rooms at the mediation facility, the mediator moves back and forth between rooms discussing the facts, evidence, settlement offers and counter-offers.

In this case, and after the 4-hour mediation, the case wasn't resolved.

The mediator confidentiality knew where each party stood with their last offers and as such, suggested a MP to try and get the case settled.

The way the MP worked in this case is, later that day, the mediator sent a group email to all parties with his thoughts on the strengths and weaknesses of the case and a specific dollar amount he was recommending the case be settled for.

If either party agreed to the suggested settlement figure, they could privately email or call the mediator and confirm. Each party had until 4 pm on Friday to complete the above.

If both parties agreed to the MP (remember, only the mediator knows this), then the case is settled and the mediator confirms settlement with all parties. If either party says no or doesn't respond, then the case isn't settled and continues to trial.

My clients were happy to get the case resolved using this technique.

I'm sharing this experience with you because oftentimes, even when a formal settlement negotiation, like a mediation, doesn't result in a settlement, there are always multiple ways to continue the conversation.

The MP is just one of those ways.

Mitch Jackson
Lawyer and Private Mediator