Mediators live with the possibility of impasse –
the point at which parties stop moving toward agreement, stop
exchanging meaningful offers, and dig in on their positions and
demands.
The mediator's job is not only to recognise when
negotiations are drifting towards a stalemate, but to redirect the
process so that settlement remains possible.
It is important to plan to prevent impasse before the mediation
commences. The more fully a mediator understands the business
realities, personalities, and constraints of the parties at the
outset, the better the odds of steering clear of stalemate. It is
important to ensure the right people are at the table, those with
true settlement authority. Being cognisant of insurance
coverage, indemnity rights, guaranties, and any reservation of
rights that may complicate authority should also be fleshed out
ahead of time, as well as missing information.
