Managing Impasse in Mediation: - PowerPoint PPT Presentation

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Managing Impasse in Mediation:

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Impasse is a normal phase of any conflict resolution/negotiation process ... Adapted from Harry Webne-Behrman, Conflict Resolution Skills site, UW-OHRD ... – PowerPoint PPT presentation

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Title: Managing Impasse in Mediation:


1
Managing Impasse in Mediation
  • Embracing Entrenched Energy to Reframe
    Opportunities in Mediation

2
A Workshop Offered by
  • Harry Webne-BehrmanCollaborative Initiative,
    Inc.
  • WSEMS Mediator Professional Development Program
  • April 11, 2008

3
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

4
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

5
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?

6
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

7
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?

8
Specific 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

9
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

10
Facilitating Through the Groan Zone (from Sam
Kaner)
11
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.

12
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
    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.

13
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.

14
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

15
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

16
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!!!

17
Dealing With Power Disparities
  • Recognize multiple sources of power
  • Position power
  • Coercive power
  • Power of Expertise
  • Normative Power
  • Referent Power

18
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

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
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