Michael S. Eagleson regularly makes use of a technique he calls a mediator's "supposal."
"That way there's really no commitment from anybody, but we just start supposing," he explained. "Suppose party A's willing to go this far on the case. What would you suppose to do?" he said, providing an example of questions he'll ask disputants. "It's something I stumbled across one time, and I used that in a mediation and found that just ... (continued)