Bargaining at a Mediation Is Rarely Symmetrical

Bargaining at a mediation is rarely symmetrical. The concessions the parties make to one another in any round of bargaining or overall are often unequal. Most often, the concessions the parties make will roughly reflect the relative strengths of their cases. So let your client know not to be overly concerned by the distance between the opening or “anchor” bargaining positions taken by the parties. Your client is not committed to the midpoint between these opening positions, and only rarely does a settlement occur at or near that midpoint.


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Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute