Managing Impasse in Mediation - Human Psychology - Lecture Slides, Slides of Psychology

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Managing Impasse in Mediation:

Embracing Entrenched Energy to

Reframe Opportunities in

Mediation

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

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?

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

Specific Strategies for Dealing with

Impasse

• Name the Impasse – Embrace the Opportunity! This isn’t 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

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

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.

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.

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

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!!!

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…