The term “brackets” raises anxiety or ire for many mediators and attorneys because it is susceptible to so many different interpretations. (And, of course, there is the math!) This often leads to a knee-jerk resistance to the use of this powerful negotiation technique. This presentation will cover various forms of “bracketing” such as conditional offers, public and private ranges, specific numbers, etc., as well as the many ways brackets can facilitate resolution. It will discuss common assumptions made, benefits and drawbacks of different bracketing methods, timing considerations, and best practices for avoiding bracketing pitfalls and ethical dilemmas. Bracketing in its many forms can add another sophisticated and flexible negotiating instrument to the mediator’s toolbox. Bring your questions and join the conversation.
