Preventing Gridlock With The Mediator's Proposal

Though mediators are often hired to have objective ears for parties in a legal action, they also
perform other duties integral to the dispute's resolution. Mediators use a lot of methods and
techniques to ensure that a dispute does not simmer or become worse after their intervention.
Helping parties reach a satisfactory, mutually acceptable agreement is their other important task.
Mediators also strive to break the parties from an impasse, which is generally the case before the
parties decide to hire a mediator. The primary reason for an impasse is that one or both parties
have a hard stance in what they consider their bottom line. When this happens, finding a middle
ground will seem to be an impossible task and that's where a mediator comes in.

When facilitating, mediators try their best to make the parties agree to a proposal that is
amenable to both of them. A mediator should be sensitive enough to perceive when the parties are
about to reach a point of non-agreement. At this point a mediator should intervene so as not to
make the situation worse and to keep the process on track. 

Figuring out if the parties may be able to move somewhat from their bottom line is another aspect
of the negotiation that a mediator should be perceptive about. If encouraged properly, it is
entirely possible for a party to be willing to go beyond a certain amount in their settlement,
even when they have stated quite the opposite from the start. At this point, a mediator may try to
come up with a proposal that he or she thinks the parties will agree to so they don't get bogged
down in trying to negotiate.

When a mediator offers a proposal, some parties may feel that the mediator is taking sides. This
is not true. The mediator is simply trying to prevent a gridlock from occurring which could cause
the mediation to break down and the parties to leave empty-handed. A mediator's job is to find a
solution that satisfies both parties, not just to make one side or the other more amenable to a
settlement. 

A proposal is simply one of the many tools at a mediator's disposal that can weaken the parties'
attachment to their bottom lines. If a party is unwilling to deviate from what it considers is a
reasonable settlement, no significant progress can be made. By using a proposal, crafted using a
combination of the mediator's skills and experience as well as the facts of the case, parties can
push beyond the boundaries they may have set for themselves beforehand, come to an agreement and
ultimately resolve the dispute.
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Alan F. Scott, Jr., Esq. is a Supreme Court certified circuit civil mediator and arbitrator in
Stuart, Florida, with extensive experience in facilitating alternative dispute resolution in many
civil and commercial matters. For expert assistance on all kinds of disputes, contact Alan Scott
at 772-463-2555 or visit http://www.arbitrationmediationatty.com.

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