5 PerspectivesJune 7, 2010
a .pdf copy of “Break that Impasse: Practical Solutions to Eliminate Deadlock in Settlement Negotiations” is available here
Lately I have heard about impasse more often than normal — Marc Lanzkowsky posted 3 Settlement Techniques that Will Help Move a Case to Resolution on The Claims SPOT, which drove a great follow-on discussion about impasse among LinkedIn’s Commercial and Industry Arbitration and Mediation Group. As the comments continued, I thought about how much we all try to avoid — or work through — impasse, and an old article of mine came to mind. This is a quick post intended to reintroduce that article to the discussion.
Break that Impasse: Practical Suggestions to Eliminate Deadlock
It seems like only yesterday, but in 2004 I co-presented Break that Impasse: Practical Suggestions to Eliminate Deadlock in Settlement Negotiations to the Association of Corporate Counsel’s Annual Meeting in Chicago with an all-star group of copanelists, including Eric D. Green, Ross W. Stoddard, Melvin S. Merzon and Mark Tatelbaum. The paper, available here, is more than a few years old and I wrote it before my mediation training (so all disclaimers apply), but “Break that Impasse” includes:
- 20+ pages of ideas about how to prevent and break impasse — written primarily from the client’s perspective;
- Over 100 footnotes to mediators, judges, lawyers, clients and others who contributed their ideas to the paper; and
- A sample mediator’s proposal form, supplied by copanelist Ross Stoddard.
Take a look at “Break that Impasse” the next time impasse approaches — I hope it helps.