Avoid a Misunderstanding When Proposing a Link or Bracket Move.

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.

Share on facebook
Share on twitter
Share on linkedin

Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute