Brackets concept in mediation is used usually when there’s been a stuck-point.  You know, progress has been made back and forth and then all of a sudden somebody stops making any moves towards resolution.  And sometimes, the parties will suggest going to a brackets.  So, I’ll say, “Well, if the plaintiff goes to this dollar and the defendant goes to this dollar amount, it’s really like a double move, and then let’s continue the negotiations within these new brackets.”
And that’s a psychological move.  If the brackets are accepted by both parties, I think it’s generally good.  I usually do not use a bracket concept until near the end of a mediation.  I do not find them very effective.  A lot of people don’t like to use ‘em at all, and I think sometimes even if I say it’s a mediator’s recommendation to go to brackets, the other side will say, “Oh, but now I know the plan of his at this number and the defendant’s at that number.”  And then it’s hard to get back on track again, because they’re heard these other numbers.

And in their mind, they say, “Well, I think the plaintiff’s here now, so that’s where we’re gonna start.”  So, you gotta be real careful how you use it.  I use it very, very seldom, but when a stuck-point comes, that’s one of the options that I’ll bring out.