Robert Jossen, principal in the firm Robert J. Jossen. Courtesy photoThe Whys and Hows of a Mediator’s Proposal
An important part of the mediator’s role is that she or he is not an advocate and does not hold a dispositive view about the dispute. As a neutral I often say during a mediation, “I have no stake in who wins or loses and no view of the ultimate merits. All I care about is helping the parties reach an agreement.”
November 22, 2024 at 09:00 AM
8 minute read
It is a common refrain in mediations, “how about making a mediator’s proposal?” The answer frequently is “not yet” or “that’s not what I want to do.” What are the details behind the concept of a “mediator’s proposal” and when is it appropriate to be offered by the mediator and accepted by the parties?
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