Avoid a Misunderstanding When Proposing a Link or Bracket Move.

A timely link or bracket move, e.g., “We’ll increase our offer to $X, if you reduce your demand to $Y,” is a potent negotiating tool that can streamline the bargaining process, flush out the parties’ real intentions, and build momentum towards settlement. Just recognize that when you propose a bracket, the other side will read your offer as implicitly declaring your willingness to move to the middle of the bracket and view any further offer below that midpoint as a step backwards. So, when proposing a bracket, if you are not willing to go to the midpoint, to avoid a misunderstanding instruct the Mediator to let the other side know that is the case.


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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute