The Mediation Society (TMS) is a Northern California non-profit organization of experienced mediators who meet regularly for enhanced professional development,  networking amongst peers and the advancement of the mediation field.  TMS members are primarily, but not exclusively, focused on commercial disputes and civil litigation.  To further this end, TMS offers members and guests educational workshops and dinners in the San Francisco Bay Area featuring local, national and international speakers.

 

Mediator's Corner

Progress by Indication – (Republished from October 2012) by

A large gap in the parties’ respective  positions is a tough challenge.   One effective way to overcome the gap is by using what I call “Progress by Indication”, or PBI.   In Progress by Indication, once progress slows, the parties begin negotiating with two kinds of numbers.   The first is the “official”, unrealistic incremental number that the parties start/continue with for a variety of reasons.   The second   is derived from a realistic range where the case can settle.  This range is determined either by express information from the parties, or by the experienced mediator accurately reading […]

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* Koorosh Afshari is a full-time mediator with offices in San Francisco