Give brackets a chance. No seriously, what have you got to lose? Lawyers often groan when the idea of bracketing comes up in mediation. But brackets can fast forward negotiations and avoid energy sucking baby steps when parties are still orders of magnitude apart.
Whether they know it or not, parties are always bracketing—they’re moving and expecting the other side to move a certain amount in response. And if the other side doesn’t, they feel wronged and question everything—the process, the parties, their strategy and, yes, even the mediator using phrases like, “we’re getting nowhere,” or “they’re not being serious.”
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