Bracketing in mediation occurs when the parties agree to negotiate “between the goal posts”. In other words, after the parties have exchanged offers back and forth, the process can be expedited by, for example, the Plaintiff agreeing to drop its demand more significantly in exchange for a Defendant increasing its offer in kind.  This will establish an initial bracket which can be countered by the other side. Some view this process as a trick. I view it as a tool which can be used effectively to get the parties into the same “universe” sooner than later and increase the possibility of getting to yes or no more efficiently. Up next, the “mediator’s proposal”.