Family Focused. Solution Oriented.

Resolving family law matters while preserving family relationships.

The Mediator’s Proposal

by | Dec 12, 2017 | Mediation

If the parties to a mediation seem to be at an impasse, a powerful and effective tool in the mediator’s toolbox is the “mediator’s proposal.” Here is how it works: the mediator makes the same proposal to each party and their attorney in private caucus. The parties respond confidentially only to the mediator if they would accept the proposal. The mediator does not disclose the party’s answers unless each party says yes. Each party can take the risk of saying yes without the other party knowing, unless they too say yes. If both parties say yes, they have an agreement.

If the mediator’s proposal is not accepted by both of the parties, the mediator announces that there is no settlement. The previous negotiations can resume or the parties could ask the mediator to make another proposal. Mediators who use this technique at the appropriate time report a high percentage of success, ranging from 80% to 90%.

The purpose of the mediator’s proposal is not to provide a case evaluation, but rather identify a Zone of Possible Agreement, ZOPA. Having listened to multiple offers and counteroffers, the stories, goals and interests of the parties, the mediator should know the barriers to agreement and the ZOPA. The mediator should have a good idea what an acceptable agreement might be within the ZOPA. Transparency regarding a mediator’s method in making the proposal is desirable from the standpoint of allaying any fears the parties might have about this process.

HELPING YOU PURSUE ALTERNATIVE CONFLICT RESOLUTION METHODS

Too often, clients in family law cases spend substantial sums of money arguing about issues in court and often feel worse at the end of their case than before they started. At the Law Office of Tim Whitten, P.C., we are sensitive to this reality. This is why we explore alternatives to the traditional litigation approach such as Collaborative Divorce with each client as we help him or her identify long-term legal interests and goals. After our representation begins, we strive to be available and responsive to each client, to ensure that we stay on track with that client’s interests and goals.

If you have a family law need and you think that our style and philosophy may work for you, please contact the Law Office of Tim Whitten, P.C. We are dedicated to helping you and your family move forward peacefully. Our phone number is 512-478-1011. You can also contact us online here.


*This topic is taken from the book, Mediation: A Practice Guide for Mediators, Lawyers, and Other Professionals by David A. Hoffman and The Boston Law Collaborative, LLC, published by Massachusetts Continuing Legal Education, Inc., Boston, 2013, pages 4-67 thru 4-68.

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Contact Us

512-478-1011

7500 Rialto Blvd., Bldg. 1
Suite 250
Austin, TX 78735
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Family Focused.
Solution Oriented.

Family Focused. Solution Oriented.

Resolving family law matters while preserving family relationships.

Family Focused. Solution Oriented.

Our goal is to help folks resolve their family law issues in a way that protects their interests and preserves their family ties. Most family law cases can be difficult from an emotional and financial perspective. We believe in reducing the emotional and financial stress by offering alternative options to resolving their disputes, such as mediation. We enjoy helping people who are interested in working together to find creative solutions to their circumstances.

We provide a variety of services to clients from all walks of life. We offer both full-scope and limited-scope representation so that you may choose the way you want to allocate your resources. We are open to exploring alternative fee arrangements, in appropriate cases. Contact us to inquire.

Helping You Pursue Alternative Conflict Resolution Methods

Too often clients in family law cases spend substantial sums of money arguing about issues in court and often feel worse at the end of their case than before they started. At The Law Office Of Tim Whitten, P.C., we are sensitive to this reality. This is why we explore alternatives to the traditional litigation approach with each client as we help him or her identify long-term legal interests and goals. After our representation begins, we strive to be available and responsive to each client to ensure that we stay on track with that client’s interests and goals.

Contact the Law Office of Tim Whitten

If you are in need of an experienced family law attorney and you believe that our philosophy may work for you, contact The Law Office Of Tim Whitten, P.C. We are dedicated to helping you and your family move forward peacefully. Call 512-478-1011 to speak with our firm today.

MORE THAN 25 YEARS OF PROFESSIONAL EXPERIENCE

Our primary attorney, Tim Whitten, is certified as a Family Law Specialist by the Texas Board of Legal Specialization. This means that he has experience in multiple case types, demonstrated proficiency, and mastery in some of the technical aspects of family law.

Contact Us Today

For a Confidential Consultation

Contact Us

512-478-1011

7500 Rialto Blvd., Bldg. 1
Suite 250
Austin, TX 78735
Map + Directions

Family Focused.
Solution Oriented.