While we need to listen to what our clients want, we also need to be careful over naming the actual process we are using!

"A mediator’s proposal is a set of settlement terms advanced by a mediator in an effort to settle a dispute when the parties have reached an impasse. The mediator’s proposal is made on a double-blind basis to all parties in separate communications; the parties are asked to accept or reject the terms as proposed, with no modification or counteroffer, within a specific time frame.

"The typical mediator’s proposal leaves those involved with only two possible outcomes: settlement or continued impasse."

In my opinion, this means of settling litigation has become all too common. Although the parties can, of course, reject it, it diminishes party self-determination. If one or both of the parties refuse the proposal, it will have a strong effect on the remainder of the negotiations because it sets a new anchor with the added authority of third-party "approval."