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The best way to get to the brackets is really when there’s been a stuck-point, and it’s really hard to say what those right numbers are. Usually the parties will suggest numbers. Sometimes I as mediator will actually say, “Why don’t we try these two numbers here and then see if we can get some movement within those numbers?” And usually I will say, “These are my numbers,” and I’ll try and tell people again that I’m not getting these numbers from the plaintiff or the defendant here but these are my suggestions to move the process forward.
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Minnesota Mediation Attorney, James Gilbert, talks about the best way to get to the brackets process in mediation.