In our last column, we discussed several strategies for addressing impasse in mediation: examining the conflict dynamic; using silence to allow parties time to consider the issues; exploring the parties’ motivation to mediate; shifting to a different topic, enabling time for further reflection; considering the smaller components of each issue; obtaining and analyzing more information; and having separate conversations with the parties. “Strategies Mediators Employ When Parties Are at Impasse,” NYLJ, Aug. 25, 2016. Today, we continue to lay out tools mediators routinely use when parties arrive at positions that seem intractable and incompatible.
1. Explore the Buy-In: Buy-in, or a commitment to participate fully in the mediation process and make every effort to resolve the conflict accordingly, is distinguished, albeit subtly, from motivation, and both are essential components to “success” in mediation. Whereas motivation is signaled by the reasons for coming to and remaining in mediation, buy-in has to do with working through each step of the process. Implicit in buy-in is a willingness to trust that the process will yield opportunities for settlement, even when the parties are entrenched and feel vulnerable.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
