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As Featured on Law.com: Effective Impasse Busting Techniques

There comes a time in every mediation when negotiations reach an impasse. Negotiations can stall at the outset of a
mediation when the parties are unwilling to bargain with one another either because “it is the other side’s turn,” “we won’t
respond to that outrageous demand” or “we won’t accept that insulting offer.” Later in the mediation, impasse may occur when either party perceives that the other side is not negotiating in good faith, which means that one side has stopped matching moves with the other and has reached the bottom line, or their “limit of authority.”

For whatever reason an impasse occurs, mediators must provide the parties with the tools necessary to break the deadlock and move discussions to the zone of agreement. This is the point at which the parties have narrowed the playing field and can negotiate to closure.

Bruce’s effective impasse-busting techniques can be found in this article on Law.com.

 

Category: Bruce's Corner, MediationBy bfriedmanMay 8, 2015
Tags: mediationmediation tips

Author: bfriedman

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Blog Categories
  • Benefits of Mediation(2)
  • Bruce's Corner(30)
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  • Mediation(39)
  • Publications(5)
Recent Posts
  • Bruce Friedman Discusses the Early Mediation of Insurance Coverage Cases on Law.com
    March 24, 2016
  • As Featured on Law360: Shepherding Insurers Through The Mediation Process
    October 9, 2015
  • Featured on Law.com: Impasse-Busting Techniques – Part 2
    September 10, 2015
  • As Featured on Law.com: Effective Impasse Busting Techniques
    May 8, 2015
Testimonials
  • [Bruce] knows when to talk, when to listen, and how to work the room.”

    James Thompson
    JPT Legal
  • Bruce took time to point out parts of each side’s case that could be made stronger and parts that could be deemphasized or omitted. Bottom line: the client came out of the exercise with a more focused case and better able to advance its positions. Bruce was superb.

    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
  • I have known Bruce for years and highly recommend him. As a native New Yorker, he will be hearing significant matters in NYC as well as in L.A.

    Jeffrey Kravtiz
    Fox Rothschild
  • Bruce’s willingness to continue to follow up with both sides to settle the matter and his efforts in speaking directly with the clients to explain the issues and possible outcomes should the case proceed to trial were invaluable.

    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
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