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.
Francis Carter
