Methods for Breaking an Impasse: The Mediator’s Proposal

It is the end of a long day of mediation. The parties have skillfully argued their positions, and outlined for each other the downsides of litigation, and the need to compromise. Questions have been asked and answered, with positions at times solidified and at times conceded. Attorney and mediator sidebars and private sessions have yielded […]

Impasse Busters: The “Silver Bullet” and the “Mediator’s Proposal”

What tools are available when negotiations during a mediation begin to break down, with counsel and their clients becoming frustrated and irritated? To try to avoid an impasse, counsel may ask the mediator to employ the “silver bullet” method, or the “mediator’s proposal” method. But not all mediators use these methods in the same way. […]