Brackets, Parallel Moves, and the Path to Yes

In a recent mediation, the parties began miles apart. The plaintiffs wanted over $3 million. The defendants offered $400,000. I opened with a tool I rarely use at the outset: brackets. We tested conditional ranges to see whether any overlap existed. The gap did not shrink.

The negotiation shifted to parallel moves. For every $100,000 the plaintiffs reduced their demand, the defendants increased their offer by $50,000. Several rounds later, the numbers were still far apart, and the defendants announced they were running out of authority.

Progress between the parties had stalled. I changed the structure and had each side negotiate with me over the number for a Mediator’s Proposal. After testing several options, I found the right “uncomfortable” figure that both sides could accept.

The proposal succeeded because each side had already moved significantly and because the process maintained momentum.

Lesson: Mediation has no single formula. Effective mediators adapt, recalibrate, and keep the negotiation moving until resolution becomes possible. Settlement is always possible.