I am personally not a huge fan of mediator’s proposal. I prefer for the parties, with guidance, to reach agreement on their own. Sometimes, this is not possible and the only way to resolve the dispute is for the mediator to step in and recommend the terms of a settlement.
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I recently mediated a pre-litigation dispute regarding termination of a service agreement. The terminating party contended that it owed less money than the service provider was seeking upon termination. In my pre-mediation communication with the service provider’s attorney the attorney made clear that his client’s primary objective was to incentivize the terminating party to continue the business relationship. With this goal in mind, we mediated the parties’ dispute.
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