Strengthen Your Mediation Negotiation With MESOs

Want a simple way to improve your mediation outcomes? Start with MESOs.

What in the world are MESOs? Multiple Equivalent Settlement Offers (MESOs). Instead of making a single settlement proposal, MESOs involve presenting two or three different offers that are equally valuable to your client but structured in different ways. This approach has several advantages:

MESOs Signal Reasonableness. Offering options signals flexibility and a willingness to compromise—both of which can build momentum toward resolution. Because the proposals are equally valuable to your client, it doesn’t cost your client anything to use this approach.

MESOs Reveal Valuable Information. How the other side responds can provide insight into their priorities and interests. They may be more concerned about a payment structure, timing, confidentiality, or another non-monetary term. Knowing this helps you refine your negotiation strategy.

MESOs Encourage Creative Thinking. When parties get stuck in positional bargaining, MESOs can help shift the focus to creative solutions that better meet both sides’ needs.

Of course, MESOs need to be carefully structured—each option should be truly equivalent in value to your client. If not, you may be bidding against yourself. But when used strategically, this technique can move a stalled negotiation forward and increase the likelihood of a successful resolution.

Have you used MESOs in mediation?