Alternative Dispute Resolution
Oct. 13, 2012
Take my proposal — please! A new way of thinking about mediator's proposals
I am starting to conclude that a mediator's proposal isn't really an evaluation of the case, it's only an evaluation of the state of the negotiations.
There's a fabulous scene in Martin Scorcese's film "Goodfellas," a film based on the true story of the legendary mob informant Henry Hill. In the scene, a 20-something Henry is escorting his date (and future wife) to a nightclub. They enter from the street through a service door, go through the kitchen, where there are dozens of waiters, cooks and busboys, travel through some hallways packed with people, enter the nightclub area where Henry greases the Maitre d' with some cash, a table m...
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