What is the causing the impasse?
The three common causes.
1. Thoughtful and bona fide divergence of interests (law, fact, public policy, court resolution needed, precedent is needed or the decision must come from a higher authority).
2. Strategic or tactical impasse (being used as a negotiation approach)
- A party(ies) has no intent to resolve, just participating.
- A party(ise) is using the process to cover other motivations or give the appearance of being a real participant (reputation, press).
- Tactics – A party has created an impasse to push others to greater compromise, a dangerous bluff.
3. The Parties have not sought, or cannot seek, a real resolution. This could include the following subissues:
- Denial and avoidance (coupled with illusion and over optimism).
- Process: Are in or have tried the wrong process, or it was poorly delivered? Or did we not participate well?
- Mistakes, misunderstandings about own position or the position of others.
- Low or ineffective communication Exaggerated conflict, case has some form of inappropriate “value” to a party.
- Motivation low, perhaps senior management does not see this as important.
- Failure of a party internally (confusion, misunderstanding or conflict within a party/entity), no clear direction given to negotiators.
- Ego, dysfunction, power, fear, identity, worldview.
- Decision errors (individual or group decision errors).
- “System” effects, perhaps expressed through outside pressures on a party/entity.
- Cannot resolve due to personal, institutional problems (dishonor, reputation) or “desire for an adjudicated result.”
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