Each party to a settlement gives value to the other. Often this value consists of more than simply delivering a check, trading releases, and dismissing claims. For example, settlement terms may also include payments over time, payments in kind or in services, default remedies, indemnities, asymmetrical consideration, and non monetary covenants.
An experienced mediator knows how to package the value your client is willing to offer or accept in a way that the offeree will find attractive, and, as the mediation process unfolds, the mediator will gain specific insights as to what each party needs and values most. So call on your mediator to help you structure your offer to make it attractive to the other side.