What is High/Low Mediation?
High/Low Mediation is a structured process where parties agree in advance on a minimum (low) and maximum (high) settlement range. The mediator then facilitates negotiations within that framework, ensuring parties avoid extreme outcomes while still maintaining flexibility to shape their own resolution.
- Sets clear boundaries for settlement outcomes
- Reduces risk of extreme wins or losses
- Encourages realistic, good-faith negotiations
- Balances certainty with flexibility
Unlike binding arbitration, the outcome is driven by party agreement rather than a third-party decision.
When to Use High/Low Mediation
Attorneys often recommend this approach in disputes where:
- There is significant uncertainty about damages or liability exposure
- Parties want to cap downside risk while preserving upside potential
- Cases are suitable for settlement but require protective boundaries
- Avoiding protracted litigation is a shared priority
Benefits of High/Low Mediation
Risk Management
Predetermined limits ensure neither side faces catastrophic loss or unrealistic windfall.
Encourages Settlement
With agreed boundaries in place, parties negotiate more candidly and productively.
Preserves Control
Settlement terms remain in the hands of the parties—not imposed by a court or arbitrator.
Efficient Resolution
Disputes often resolve in a single session, saving time and litigation costs.
The Mediation Process
- Agreement on Ranges: Parties establish high and low settlement limits before mediation begins.
- Opening Session: Mediator explains the structure and confirms all parties are aligned.
- Negotiation: Mediator facilitates discussion and exploration of terms within the agreed range.
- Settlement: If agreement is reached, terms are documented and enforceable as a contract.
Why Choose Conclude ADR for High/Low Mediation?
- Experienced Neutrals: Deep understanding of structuring settlement ranges for fairness and efficiency.
- Balanced Approach: Facilitators skilled at managing risk while fostering collaboration.
- Flexible Formats: Available in-person or virtually to fit client needs.
- Transparent Pricing: Clear half-day and full-day rates with no surprises.
Related ADR Services
High/Low Mediation can complement or serve as an alternative to:
Practice Areas Where High/Low Mediation Excels
This approach is particularly effective in cases involving:
- Commercial contract disputes
- Insurance coverage and claims
- Personal and business torts
- Construction and real estate matters
Looking to manage risk while securing resolution? Connect with our experienced neutrals.