Impasse, Breaking Impasse and Avoiding Impasse

  • Sharmishtha Trivedi
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  • Sharmishtha Trivedi

    Student at Christ Academy Institute of Law, India

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Abstract

Mediation provides a unique opportunity for the parties as it relates to the opportunity of a negotiated resolution of their case. An impasse is considered to be a deadlock in mediation and during a mediation, impasse occurs when neither party is willing to compromise any further on an issue. An impasse is considered to be an end of negotiations when both the parties are willing to not end the proceedings with a result. In mediation, the impasse means and includes a hurdle, barrier, bottleneck, hindrance, deadlock or standoff. An impasse is a situation which may occur due to various reasons. It may occur due to an overt conflict between the parties and it is said by many experts that it can be also be used as a tactic to put pressure on the opposite party. In today’s scenario it is evident that impasses are frequently experienced by negotiators and the same are being featured in the courts and sometimes in the newspaper articles. In negotiation and mediation, it is systematically organized past findings on impasses and integrate them in the impasse type, cause, and resolution model (ITCR model). The current paper will examine the purpose of term impasse by discussing from the very basic understanding of this term and further explaining it in a deep manner so as to look and understand deep into the term. The present paper will review the methodology which is used by the negotiators and which finally leas into a proceeding being termed as impasse and it will also discuss the manner and methods associated with breaking or avoiding of any impasse. It is important and very first step by a mediator that he/she shall try to avoid any further conflicts and try to end it as soon as possible rather than bringing the conflict to a stage where it is declared to be an impasse. The author will try to put forth some of its recommendations which can be used in order to avoid or break the impasse.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 1266 - 1272

DOI: https://doij.org/10.10000/IJLMH.112039

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