Nearing the Finish Line: Dealing with Impasse in Commercial Mediation
Dispute Resolution Magazine, Vol. 15, p. 4, Winter 2009
8 Pages Posted: 29 May 2011
Date Written: 2009
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.
Keywords: settlement, agreement, obstacles, barriers, directive, evaluative, mediator proposal
Suggested Citation: Suggested Citation