Don’t Propose a Link or Bracket Move Prematurely

A link or bracket move, i.e., “We’ll increase our offer to X if you reduce your demand to Y,” is a useful negotiating tool that can streamline the bargaining process, flush out the parties’ real intentions, and build momentum towards settlement. A bracket move is usually effective only in the middle rounds of bargaining. Introduced too early it can create chaos in the bargaining. In the late rounds there may not be enough room between the parties’ positions to accommodate a bracket. In the middle rounds, however, bracket moves can be very effective.

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Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute