This is the 11th article in this series on mediation advocacy. The 10th article, published November 21, addressed the pre-mediation groundwork needed in preparation for signing a terms sheet or a settlement agreement at the end of the mediation session. The article continued a scenario in which the parties, Widgetronics and DesignMetrics, entered into a contract containing a dispute resolution clause and became embroiled in a dispute over Widgetronics’ alleged wrongful termination of the contract. With the mediation imminent, this article discusses one last area of preparation how to minimize the risk of an impasse.
At some point in the mediation, one, if not both, parties commonly feel that they’ve reached an impasse and yet most cases settle. The savvy advocate anticipates the possibility of an impasse or gridlock, and comes to the mediation prepared with information and strategies to avoid or overcome an impasse.
