The mediator proposal, in which the mediator provides his or her best guess on a final number that both sides might accept, is considered by some as the ultimate impasse busting technique.  There is little guidance for mediators on the most effective and ethical approach to the mediator proposal. Therefore, my goal is to collect and then disseminate some basic information on how mediators and participants are approaching this increasingly popular mediator tool. 


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* 1. What does your professional practice primarily consist of?

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* 2. How many mediations have you conducted?

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* 3. What types of cases do you see most frequently in your mediation practice?

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* 4. What state do you practice in?

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* 5. Have you ever done a mediator proposal?

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* 6. In what percentage of your mediations would you say that you have done a mediator proposal?

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* 7. Do you typically suggest the mediator proposal or do the participants request it?

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* 8. Do you feel that participants, on average, tend to request it too early in the mediation process?

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* 9. What is your preferred communication format for the mediator proposal? 

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* 10. If you provide the proposal in writing, please explain why. 

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* 11. How often would you say that mediation participants ask you for the reasoning behind your proposal?

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* 12. If a mediator proposal is a part of your practice, do you provide a reasoned analysis/rationale along with the proposal?

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* 13. If applicable, what do you typically include in your reasoned analysis? For example, do you tend to discuss the legal merits of the case as your basis for the proposal?

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* 14. If you DO provide a reasoned analysis/rationale for your proposal, please explain why.

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* 15. If applicable, is your analysis typically written or verbal?

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* 16. If you do NOT provide a reasoned analysis for your proposal, please explain why not. 

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* 17. What percentage of the time would you say that the participants accept your proposal?

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* 18. What advice or guidance would you give to a mediator for how to approach the mediator proposal?

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