Every mediator at some point in time, has worked with parties who have reached an impasse. Whether it is for substantive reasons or the personal history is insurmountable, they are “stuck.” The mediator, tasked with facilitating the negotiations in the hopes of reaching a resolution, may similarly feel empathetic toward their struggle. To help them move past impasse, we try to go beneath the dynamic and the facts on the ground using a variety of techniques discussed in detail here.
Impasse is common—even likely—and should be normalized at the outset of the process. It is helpful to let parties know in advance that they may get stuck and they will, in all likelihood, get through it. While it is decidedly not the role of the mediator to make decisions for the parties in this autonomous process, there are several tools in the mediator’s toolbox which may help the parties move forward from their entrenched positions—and because there are so many options for addressing impasse, this is the first of two articles on this topic.
