Title: Managing Impasse in Mediation:
1Managing Impasse in Mediation
- Embracing Entrenched Energy to Reframe
Opportunities in Mediation
2A Workshop Offered by
- Harry Webne-BehrmanCollaborative Initiative,
Inc. - WSEMS Mediator Professional Development Program
- April 11, 2008
3Agenda
- 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
4Negotiating 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
5Needs 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?
6Mediator/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
7Discussion 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?
8Specific Strategies for Dealing with Impasse
- Name the Impasse Embrace the Opportunity! This
isnt 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
9Impasse 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
10Facilitating Through the Groan Zone (from Sam
Kaner)
11Multi-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.
12Guidelines 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
solution-oriented relationships. If the group has
multiple meetings, these are excellent
opportunities to establish project teams and
information gathering groups, which rearrange
traditional alliances.
13Guidelines 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.
14Guidelines 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
15View 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
16Understand 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!!!
17Dealing With Power Disparities
- Recognize multiple sources of power
- Position power
- Coercive power
- Power of Expertise
- Normative Power
- Referent Power
18Power 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
19 Questions? Comments?
- Please continue the conversation!
- Harry Webne-Behrman
- cimediate_at_sbcglobal.net or
- at UW-Madison (608/262-9934)
- Visit Conflict Resolution Skills website
http//www.ohrd.wisc.edu/onlinetraining/resolution
/index.asp