Bracketology In Mediations: How, Why And When To Use Brackets To Optimize The Potential For Settlement

In mediation, every move sends a message—and few tools shape that message more strategically than brackets. Used at the right time, brackets can help reset expectations, reduce friction and create momentum toward settlement.

The use of brackets is a helpful negotiation tool in mediation. However, some parties are reluctant to use them, perhaps because they do not understand how bracketology can/should be used during the course of negotiations. In this article, I draw on 18 years of experience as a mediator to explain how brackets can be used to increase the likelihood of reaching a settlement. Using brackets effectively requires thoughtful consideration of how, why and when they are introduced during negotiations. At the same time, approaches to bracketed negotiations vary, and each mediator brings her/his own perspective on when and how this tool can be most effective