Mediator Proposal -- A Powerful Tool

One of the best tools in a mediator’s toolbelt is the Mediator’s Proposal. But, until recently, there has been little research conducted as to them. Most of the information regarding these proposals is anecdotal.

Law professor Debra Berman recently published the results of her survey of 167 mediators across the country. The goal of her survey was to determine just how mediators use the Mediator’s Proposal in practice. Turns out, 84% of the responding mediators had used the technique and almost 3/4 of their proposals were accepted by the parties. This is a fantastic success rate and when proposals are properly thought through, analyzed, and prepared by qualified and competent mediators, they are a wonderful tool for achieving resolution.

But there is a caveat. If the parties know that a mediator relies heavily on proposals, then the parties may not mediate with earnestness. They may just wait until the mediator gives the proposal and call it a day at that point. Like everything else, Mediator’s Proposals are best used in moderation.

The read Professor Berman’s article, click here.