TECHNIQUES TO BREAK IMPASSE IN MEDIATION

The mediator shall make use of his/her creativity and try to break  impasse by resorting to
suitable techniques which may include following techniques:
(a) Reality Testing
(b) Brainstorming
(c) Changing the focus from the source of the offer to the terms of the offer.
(d) Taking a break or postponing the mediation to defuse a hostile situation, to gather further
information,  to give further time to the parties to think, to motivate the parties for settlement
and for such others purposes.
(e)  Alerting and cautioning the parties against their rigid or adamant stand by conveying that the
mediator is left with the only option of closing the mediation.
(f) Taking assistance of other people like spouses, relatives, common friends, well wishers, experts

etc. through their presence, participation or otherwise.
(g) Careful use of good humour.
(h) Acknowledging and complementing the parties for the efforts they have already made.
(i) Ascertaining from the parties the real reason behind the impasse and seeking their suggestions
to break the impasse.

(j) Role-reversal, by asking the party to place himself/ herself in the position of the other party and
try to understand the perception and feelings of the other party.
(k) Allowing the parties to vent their feelings and emotions.
(l) Shifting gears i.e. shifting from joint session to separate session or vice-versa.
(m) Focusing on the underlying interest of the parties.
(n) Starting all over again.
(o) Revisiting the options.
(p) Changing the topic to come back later.
(q) Observing silence.
(r) Holding hope
(s) Changing the sitting arrangement.
(t) Using hypothetical situations or questions to help parties to explore new idea and options.

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