Abstract

http://ssrn.com/abstract=1854606
 


 



Nearing the Finish Line: Dealing with Impasse in Commercial Mediation


Dwight Golann


Suffolk University Law School

2009

Dispute Resolution Magazine, Vol. 15, p. 4, Winter 2009

Abstract:     
This article, selected for an anthology of best articles to appear in ABA magazines, analyzes the phenomenon of impasse in mediation. Parties in commercial mediation often fall into impasse, particularly when they bargain positionally. This is a challenging stage of the process, since at that point both principals and lawyers are often tired and frustrated and genuinely believe their opponent is demanding unfair compromises. The article describes techniques and stratagems that activist mediators use to overcome impasse and lead or push disputants to settlement. It is accompanied by an article by Hon. Wayne Brazil criticizing some of the techniques it advocates.

Number of Pages in PDF File: 8

Keywords: settlement, agreement, obstacles, barriers, directive, evaluative, mediator proposal

Accepted Paper Series


Download This Paper

Date posted: May 29, 2011  

Suggested Citation

Golann, Dwight, Nearing the Finish Line: Dealing with Impasse in Commercial Mediation (2009). Dispute Resolution Magazine, Vol. 15, p. 4, Winter 2009. Available at SSRN: http://ssrn.com/abstract=1854606

Contact Information

Dwight Golann (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
617-573-8183 (Phone)
617-305-3086 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 513
Downloads: 77
Download Rank: 184,037

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.250 seconds