Brackets, Forecasts, and Other Tools Mediators Use to Bridge the Gap
In mediation, parties often begin far apart — sometimes so far that settlement feels impossible. But experienced mediators know that even wide gaps can be bridged with the right tools. Brackets, forecasts, decision trees, and other strategies help parties move from rigid positions to productive dialogue. This blog explores how mediators use these tools to foster movement, manage expectations, and guide cases toward resolution.
Brackets: Proposing a Range Instead of a Number
When parties aren’t ready to make a concrete offer, a bracket can be a helpful way to signal intent. A bracket is a settlement range — for example, “We’ll negotiate between $100,000 and $150,000 if you’ll do the same.” Brackets allow parties to test the waters without fully committing to a number. They can also soften posturing and create a structured path toward compromise. A mediator may suggest brackets to signal movement or explore where realistic overlap might exist.
Many parties say they don’t like brackets. Some parties say they only look at the middle of the two proposed numbers in the bracket, and some instruct the other side not to look at the middle. Notwithstanding either approach, brackets help the parties have a look into the other side’s thought process, and it can soften the negotiation.
Forecasts: Exploring What Might Happen Next
Sometimes, parties need a reality check — or at least a clearer picture of what lies ahead. Mediators may ask for ‘forecasts’ of potential outcomes: What might happen at summary judgment? What is the cost of continued litigation? How long until trial? These forecasts aren’t predictions, but they help shift the conversation from ‘what we want’ to ‘what we’re facing.’ They invite reflection and recalibration and often make compromise look more attractive.
Decision Trees: Visualizing Risk and Value
Decision trees break a case into branches based on possible outcomes: i.e.: win/loss, low/moderate/high verdicts, appeals, and so on. Each branch is assigned a probability and a value. The result is a weighted average that helps parties understand the realistic financial value of their case. This structured risk assessment makes abstract negotiations more tangible, and can bring expectations back to earth. A mediator might sketch a simple decision tree in caucus or walk a party through a more detailed analysis to build trust and promote movement.
Mediator’s Proposals and Risk Signals
When parties are truly stuck, a mediator may offer a proposal, with the consent of the parties. Such a proposal is a specific number or set of terms both sides are asked to consider confidentially. This tool preserves neutrality and gives each side a chance to evaluate the offer without appearing weak. Mediators may also gently highlight risks or uncertainties in one party’s position to encourage reassessment without taking sides. These subtle nudges help parties navigate past sticking points.
Reframing and Language Choices
Sometimes it’s not the number that’s the problem, but it’s how it’s framed. Mediators help reframe offers in ways that feel more palatable: ‘This isn’t about conceding liability; it’s about buying peace.’ Or, ‘Rather than viewing this as a step back, consider it a strategic move forward.’ Language matters. Skilled mediators use tone, phrasing, and timing to make proposals easier to accept.
The Bottom Line
Mediation isn’t just about splitting the difference. Instead, it’s about bridging gaps in perception, risk tolerance, and values. Tools like brackets, forecasts, and decision trees give mediators the flexibility and creativity needed to close distance between parties. With the right approach and timing, even the widest gaps can be crossed.