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 […]
