Importance Of Impasse In Negotiation

As negotiations proceed, Parties sometimes reach an impasse -- often not due to overt conflict, but rather due to resistance to workable solutions or simply exhaustion of creativity. While the impasse might signal that the dispute is unresolvable in mediation, the mediator may believe that a workable agreement is still possible. Below are some techniques to get negotiations moving.

Always remember: The goal isn 't to overcome impasse per se, but to help the Parties analyze and negotiate constructively. The Parties are free to stick with a position -- there may be a legitimate reason for impasse, and it 's not your job to pressure the Parties into a settlement!

1. Take a break. Often, things have a way of looking different when you return.

2. Ask the Parties if they agree to set

Ask the Parties to explain their perspectives on why they appear to be at an impasse. Sometimes, the Parties need to feel and focus consciously on their deadlock.

4. Ask the Parties, "what would you like to do next?" and pause expectantly. Or, say "frankly, it looks like we 're really stuck on this issue. What do you think we should do?" These questions help the Parties actively share the burden of the impasse.

5. Ask each Party to describe his/her fears (but don 't appear condescending and don 't make them defensive).

6. Try a global summary of both Parties ' sides and what they 've said so far, "telescoping" the case so that the Parties can see the part they 're stuck on in overall context. Sometimes, the impasse issue will then seem less important.

7. Restate all the areas they have agreed to so far, praise them for their work and accomplishments, and validate that they 've come a long way. Then, ask something like: "do you want to let all that get away from you?"

8. Ask the Parties to focus on the ideal future; for example, ask each: "where would you like to be [concerning the matter in impasse] a year from now?" Follow the answers with questions about how they might get