What Do We Do After an Impasse in Mediation
Mediation is a process that aims to help parties in conflict discuss their problem(s) and come to a mutually acceptable resolution. The dialogue and negotiation between the parties are facilitated by a neutral, unbiased mediator. However, despite the mediator’s best efforts, sometimes mediation can reach a point when neither party is willing to compromise any further, resulting in a deadlock or impasse.
While many people believe no progress is possible after their case reaches an impasse and litigation is the only alternative left, there are actually a variety of strategies that can be used to manage and overcome an impasse in mediation. The attorneys at The Neutrals® provide effective solutions for resolving an impasse during mediation to achieve a breakthrough. The Neutrals® serve clients throughout South Florida.
Understanding Impasse in Mediation
An impasse in mediation occurs when the parties in conflict seem unable to reach an agreement to move forward with the dispute resolution process. Negotiations during mediation can get stuck at any stage of the process, including opening statements, joint discussions, private caucuses, joint negotiations, or even closing.
Many factors can cause or contribute to an impasse or deadlock in mediation, including but not limited to the following:
communication breakdown
lack of trust
misunderstandings
power imbalances
unrealistic expectations
emotional or psychological barriers or constraints
Identifying the root cause of the problem is critical to understanding how to move forward to overcome an impasse. That is where you might need the assistance of a mediation attorney. Your attorney can help uncover the underlying issues that led to the stalemate and address them accordingly with the goal of breaking through the impasse.
Key Strategies to Overcome Impasse
The mediation attorneys at The Neutrals® help clients deal with deadlock and impasse but never at the expense of the client’s interests. If a client wants to stick with a position and is not prepared to compromise on a particular issue, The Neutrals® will not pressure them into changing their stance and jeopardizing their interests.
Instead, The Neutrals® prefer to use healthier and more efficient strategies to overcome an impasse, including but not limited to:
Active listening and understanding. Often, mediation negotiations reach a deadlock because there is a lack of understanding between the parties. For this reason, active listening can be an effective tool because it allows the parties to understand each other’s goals, concerns, and priorities.
Taking a break. When mediation reaches a point where no further progress is made, taking a break can provide a much-needed respite for all parties involved. This would allow the parties to take their time to reevaluate their positions and options.
Setting the issue aside. In many cases, setting the issue aside and focusing on other, more straightforward issues is the only thing needed to gain positive momentum. Once other issues are addressed, the parties can return to the disputed issue.
Reality-checking. Sometimes, parties may lose touch with reality when defending their position. In this case, a reality check can be helpful to help parties understand what would happen if the mediation falls apart and their dispute goes to court where they will have no control over the outcome.
Using objective thinking. Instead of relying on emotions, parties in conflict need to be able to look at things more objectively to understand what would be fair and reasonable for everyone involved. By approaching the dispute objectively, parties can justify their positions or persuade the other party to change theirs.
Discussing each party’s perspective. This strategy allows each party to look at the opposing party’s perspective by putting them in their shoes. By encouraging such a discussion, each party can gain a better understanding of why the other party may be reluctant to change their position.
Generating alternatives. In some cases, an impasse may result from the parties’ inability to understand other potential solutions. Brainstorming alternatives that could satisfy both parties could help move them past the impasse.
Bringing in a professional. If you are not represented by a mediation attorney yet, it could be worth it to try bringing one on board. An attorney could have a better chance of explaining your position to the other party, which could help change the dynamics of the negotiations. A skilled attorney could breathe new life into the mediation to help it move toward a mutually acceptable resolution.
Even in an effective mediation, it is often inevitable that parties will reach an impasse at some point in negotiations. When this happens, it is important to understand how you could overcome an impasse instead of just giving up and deciding that going to court is the only option left.
Seeking Legal Assistance
The mediation attorneys at The Neutrals® help clients find effective ways to break through an impasse in mediation and help them reach a satisfactory agreement. If you have reached an impasse during your mediation sessions, The Neutrals® can advise you on your options to get your negotiations back on track. Call The Neutrals today to schedule a meeting.