The Mediator Proposal

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.

Question Title

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

Mediation

Arbitration

Litigation

Academia

Judiciary

Other (please specify)

Question Title

* 2. How many mediations have you conducted?

0-50

50-100

100-250

250-500

500+

Question Title

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

Commercial

Family

Labor/employment

Consumer

Personal Injury

Small claims court

Other (please specify)

Question Title

* 4. What state do you practice in?

Question Title

* 5. Have you ever done a mediator proposal?

Yes

Question Title

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

100

Clear

i We adjusted the number you entered based on the slider’s scale.

Question Title

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

I almost always suggest it.

Depending on the circumstances, I may suggest it before the participants ask me.

I am never the one to suggest it. The participants must request it of me.

Question Title

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

Yes

Question Title

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

Verbally done in person at the end of the mediation

Verbally done over the phone after the mediation has concluded

In a written document after the mediation has concluded

I do not do mediator proposals. (If so, you may skip the remaining survey questions.)

Question Title

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

Question Title

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

Always

Very often

Sometimes

Rarely

Never

Question Title

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

Almost always

Sometimes

Rarely

Never

Question Title

* 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?

Question Title

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

Question Title

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

Almost always written

Almost always verbal

It depends (please specify)

Question Title

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

Question Title

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

100

Clear

i We adjusted the number you entered based on the slider’s scale.

The Mediator Proposal

Question Title

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

Question Title

* 2. How many mediations have you conducted?

Question Title

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

Question Title

* 4. What state do you practice in?

Question Title

* 5. Have you ever done a mediator proposal?

Question Title

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

Question Title

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

Question Title

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

Question Title

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

Question Title

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

Question Title

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

Question Title

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

Question Title

* 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?

Question Title

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

Question Title

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

Question Title

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

Question Title

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

Question Title

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