Adishian Law Group, P.C. founder and California Attorney Chris Adishian explains mediator’s proposals.
Over the last few years we’re finding that more and more cases at mediation are resolving through the mediator’s proposal. In essence, the mediator’s proposal means the parties have not been able to resolve the dispute on their own with the aid of the mediator during the day of mediation. So mediator’s proposal can take several forms, but basically it means at the end of the day, there’s a stalemate. The parties have not settled, and they authorize in the power of the mediator to make a proposal as to what he or she thinks might settle the case. The mediator will then give that figure to both sides on a double blind basis. If both sides accept the mediator’s proposal, then the case is settled. But if either side does not accept the mediator’s proposal, then the case is not settled, and the parties proceed on the path to trial.