Clifford Chance

Settlement Proposals from the Mediator: A Helpful Intervention or a Tactical Minefield?

16 November 2016

An increasingly common phenomenon in recent mediations is for the mediator, at the conclusion of the mediation, to make a proposal to the parties as to how the case could be settled with a sealed response process being used for acceptance or refusal of that proposal. In the right case, this may be a catalyst to achieving a settlement but what risks do the parties run in allowing such a process to take place?

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