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| DEFINITION |
A
neutral third party appointed by the disputants to obtain a proposed
final settlement offer from each party. Without disclosing the content,
the Confidential Listener advises the parties if their offers
are within a specified range. The range usually is agreed upon by
the parties in advance, along with a mechanism for dividing the difference
in the event that the offers overlap. If the offers are outside the
specified range, the Confidential Listener may assist the parties
in bridging the gap and achieving a final settlement |
| NEUTRAL |
Impartial
third person selected by parties to listen to offers and facilitate
settlement negotiations |
| ROLE
OF LAWYERS |
Can
provide offer to listener and engage in settlement negotiations |
| ROLE
OF PARTIES |
Can
provide offer to listener and engage in settlement negotiations |
| SCOPE
OF PROCESS |
Pursuant
to agreement of parties; sometimes occurs during mediation as a means
of closure; somewhat structured to ensure confidentiality |
| OUTCOME |
Negotiated
settlement; Win - Win |
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