Mediators have so many advantages on our side. First, the mediation process is so reliably promising. Most mediated cases result in a resolution. Second, mediators who trust the process won’t give up easily. Finally, mediator standards of conduct foster self-determination of the parties. Nevertheless, there are still times when the parties are so entrenched in their respective positions, it’s hard to envision a pathway to agreement. After over 25 years in this field, I will admit there are occasions, if the parties haven’t said it first, I’ve had a fleeting thought, “This will never resolve.” Even in those tough cases, like any seasoned mediator, I will rely on a few simple strategies to break impasse, without giving advice or giving up. Ultimately, the parties co-create their own elegant resolution.
