Minnesota Mediation Attorney, James Gilbert, talks about who makes the first move within the established brackets once the parties agree to use that process.
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Who makes the first move within the brackets is also a really important point. I usually make the plaintiff make the first movie within the brackets then, and I tell ‘em that up front. “Once we get to the brackets, if you agree to ‘em, I really think you should make the first move within the brackets.”
But sometimes it’s a point of contention. They say, “No. I made the last move before, so I want the defendant to make the first move.” So, that’s a point of negotiation. And if they don’t agree, there’s no brackets.