Alternative Dispute Resolution
Oct. 27, 2012
'Bracketing' a misunderstood art in mediation
No aspect of mediation is more misunderstood than the use of brackets (less commonly known as "ranges") in negotiating settlements. By Michael D. Marcus of ADR Services
Michael D. Marcus
Mediator
ADR Services, Inc.
Judge Marcus (Ret.) has a well-deserved reputation throughout California as a skilled, personable and forceful mediator and a fair and impartial arbitrator, having been honored by the Daily Journal as a "Top Neutral" for six years and as a "Southern California Super Lawyer" for 2008-2020. He has mediated over 3,000 matters and arbitrated more than 100 cases.
No aspect of mediation is more misunderstood than the use of brackets (less commonly known as "ranges") in negotiating settlements. As a result, I am using this opportunity to clarify that process. (By the way, any similarity between mediation brackets and NCAA basketball tournament "bracketology" is purely coincidental and unintended.)
What are brackets? Brackets are the use of two contrasting numbers to create a range for continued negotiations. For exampl...
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