Mediation Attorney in Eden Prairie, Minnesota

Who Makes the First Move?

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.

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