What to do when mediation reaches a standstill

To avoid breakdowns in negotiation/communication during a mediation session, try the following:

  1. Ask for joint sessions between the mediator, all counsel and both parties so that everyone is hearing the same information as arguments are presented and finer points are debated.
  2. Have the mediator urge both parties to decide on a range of compromise.
  3. Ask that the mediator highlight how parties are drawing closer to settlement by showing both sides how much closer they are to compromise from where they started.
  4. Privately negotiate with the mediator regarding your bottom line and ask that he not disclose this to the other side.
  5. Ask the mediator to present a conditional offer within the agreed upon range of the other party.
  6. Have the mediator make a proposal to both parties privately in the hopes of settlement.

For more information see:

Mediation Impasse-Busting Techniques

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