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  

Dwight Golann

Suffolk University Law School

Date Written: 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.

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

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: https://ssrn.com/abstract=1854606

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)

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