Managing Impasse in
Mediation:
Embracing Entrenched
Energy to Reframe
Opportunities in Mediation
A Workshop Offered by:
Harry Webne-Behrman
Collaborative Initiative, Inc.
WSEMS Mediator Professional Development
Program
April 11, 2008
Agenda
Introduction to Impasse: “The moment is
simply structured that way.”
Discussion: Our experiences mediating at
times of impasse
Strategies for Managing Impasse
Special Education Mediation Issues:
Legal/ Procedural Constraints, Relational
Complexity, Factors of Multi-Party
Disputes, Systems Perspectives, Power
Dynamics
Synthesis: Addressing Impasse is one of
the Key Mediator Challenges
Negotiating Through Impasse
What does impasse look like?
Participants perceive that they are no
longer able to find effective solutions.
Impasse is a normal phase of any
conflict resolution/negotiation process
Although often perceived as a threat
or a demand, impasse can be an
opportunity for new insights and
collaborative solutions
Needs in Negotiation
Substantive needs = the “stuff” of the
conflict… typical definition of problem
Procedural needs = how we foster a fair
and well understood process… “Ground
Rules”
Psychological needs = concerning trust,
honesty, safety, security, integrity
How do these play out in Special Ed.
Disputes?
Mediator/Facilitator Roles
During Impasse
Help the group accept this phase as a
normal aspect of the process
Support the group in honestly
navigating the “emotional pathway”
through the impasse
Seek insights from the group in terms
of how they wish to continue
Engage in genuine personal reflection
Discussion: Our experiences
mediating at times of impasse
What does impasse look like?
When does it occur?
How do disputants behave?
How do you behave?
What seems to be helpful?
Specific Strategies for Dealing
with Impasse
Name the Impasse – Embrace the Opportunity! This isn’t
a ‘bad’ thing, but an uncomfortable, yet important, element of
the expression of the conflict
Identify Underlying Concerns...help participants go beyond
initial positions
Respect the Variety of Needs...renew commitment to
ground rules while helping the group focus on interest-based
concerns... Use the ‘triangle of needs’ to shift focus to more
constructive areas of inquiry
Explore Alternatives to a Negotiated Agreement...BATNA,
WATNA, MLATNA... Carve out a realistic negotiating space
Respect Silence... allow time to process, s-l-o-w down the
process at times, allow for structured breaks
Impasse Strategies (Cont.)
Be self-aware as a mediator: What does your body
stance communicate? Consider changing your seated
relationship to the parties, use the flip chart to redirect
eyes and energy
Experiment With Active Listening Variations...
intentionally restate and summarize to one another
affording group members structured opportunities to listen
and possibly understand, rather than forging ahead with
problem solving
Talk about Feelings...there is value in traversing the
emotional pathway...supportive validation and reflection
from the facilitator can be extremely valuable
Caucus... explore sources of resistance, serve as “agent
of reality”, gain a needed emotional release from the
situation
Facilitating Through the “Groan
Zone” (from Sam Kaner)
Multi-Party Disputes Pose
Challenges of Complexity
Spend extra time in pre-negotiation and needs
assessment. This helps gain a sincere commitment to
the process from all participants. It also clarifies how
the issues are perceived from the various vantage
points of the parties, minimizing surprise factors at the
point of discussion.
Actively seek common ground early, not to minimize
areas of difference, but to clarify them. By identifying
issues that can be resolved in light of these areas of
agreement, support can be built for continued
dialogue.
Be sensitive to the tension between being (social
cohesiveness) and doing (task effectiveness) within
the group. Managing this inevitable tension requires
great skill on the part of the facilitator.
Guidelines for Facilitating Negotiation
Towards Multi-Party Solutions (cont.)
Recognize that several levels of negotiation need
to occur. Cross-group discussion is the primary
focus of substantive negotiation, but within-group
communication is important to psychological and
procedural needs in conflict. Allow time for
dialogue within smaller groups, while keeping
large group discussions focused on the explicit
tasks of the group.
Whenever possible, have subgroups form that
break down old coalitions, offering participants the
chance to shift from adversarial to solutionoriented relationships. If the group has multiple
meetings, these are excellent opportunities to
establish project teams and information gathering
groups, which rearrange traditional alliances.
Guidelines for Facilitating Negotiation
Towards Multi-Party Solutions (cont.)
Be especially sensitive to the role of
moderates and extremists within the
meeting.
Moderates are defined here as those who
demonstrate flexibility in negotiation. This includes
a willingness to consider a variety of options and a
desire to attend to others' needs in negotiation.
Extremists in this context are those who rigidly
hold on to a minority position. It is critical to
empower the moderates to "find their voices," and
be sure their views are clearly expressed.
Guidelines for Facilitating Negotiation
Towards Multi-Party Solutions (cont.)
Continue to be vigilant regarding your
impartiality throughout the process. Watch
for possibly biased responses to extremists
within the group; since they may be
exhibiting attitudes you do not share,
biases may lurk just beneath the surface of
the meeting and emerge in subtle language
or non-verbal behaviors.
» Adapted from Harry Webne-Behrman, Conflict
Resolution Skills site, UW-OHRD
View the Entire System
Identify all stakeholders in the conflicted
system… “map it out” with fresh eyes 
keys to impasse may reveal themselves
Encourage full participation – but assess
“ripeness” and energy to truly engage
Seek areas of greatest leverage and
influence – budget efforts towards
meaningful and achievable activities
Understand Dispute Settlement
Systems That Are in Place
Formal Systems
Grievance procedures, legal channels
Official policies
Informal Systems
People within the school or family circle who
are effective role models and good listeners
with strong relational skills for managing
issues over time
Build upon what works!!!
Dealing With Power Disparities
Recognize multiple sources of
power:
* Position power
* Coercive power
* Power of Expertise
* Normative Power
* Referent Power
Power Disparities (continued)
Clarify conditions required to
promote an affirming negotiation
climate
Consider alternative modes of
communication
Build an “empowering agenda,”
rather than an “enabling agenda”
Stay aware of BATNA…
Questions? Comments?
Please continue the conversation!
Harry Webne-Behrman
cimediate@sbcglobal.net or
at UW-Madison (608/262-9934)
Visit “Conflict Resolution Skills” website:
http://www.ohrd.wisc.edu/onlinetraining/
resolution/index.asp