CONCEPT OF IMPASSE IN MEDIATION

During mediation sometimes parties reach an impasse.  In mediation, impasse means and includes
a stalemate, standoff, deadlock, bottleneck, hurdle, barrier or hindrance.  Impasse may be due to
various reasons. It may be due to an overt conflict between the parties.  It may also be due to resistance
to workable solutions, lack of   creativity, exhaustion of creativity etc. Impasse may be used as a
tactic to put pressure on the opposite party.  There may also be valid or legitimate reasons for the
impasse.
TYPES OF IMPASSE
There are three types of impasse depending on the causes for impasse namely
(i) Emotional impasse
(ii) Substantive impasse
(iii) Procedural impasse

Emotional impasse can be caused by  factors like :
ã Personal animosity
ã Mistrust
ã False pride
ã Arrogance
ã Ego
ã Fear of losing face
ã Vengeance
• Substantive impasse can be caused by factors like:
ã Lack of knowledge of facts and/or law
ã Limited resources, despite willingness to settle
ã Incompetence (including legal disability) of the parties
ã Interference by third parties who instigate the parties not to settle dispute or obstruct the

ã settlement for extraneous reasons.
ã Standing on principles, ignoring the realities
ã adamant attitude of the parties
• Procedural impasse can be caused by factors like :
ã Lack of authority to negotiate or to settle
ã Power imbalance between the parties
ã Mistrust of the mediator
STAGES WHEN IMPASSE MAY ARISE
Impasse can arise at any stage of the mediation process namely introduction and opening
statement, joint session, separate session and closing.

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