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Break the issue down into smaller parts, isolating the most difficult issues and
reserving these for later.
-
Ask the parties why an alternative is unacceptable, then look for narrow solutions tailored to the reasons given.
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Go on to other issues, or take a break and ask the parties to think about the various alternatives presented.
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Review the parties priorities and common interests.
-
Suggest consulting an expert to supply needed facts or advice.
-
Caucus with each party separately to explore hidden agendas and willingness
to compromise.
-
Split the difference.
-
Try to obtain agreement on what the parties originally expected the solution
would be.
-
Look for possible trade-offs or exchange of services.
-
Encourage the parties to recognize and acknowledge each other's point of view.
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Tell the parties you are stuck and ask for their ideas.
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Ask the parties to indicate what would change or happen if they reached a solution.
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Make certain the parties prefer mediation, as opposed to litigation or letting the conflict continue. If they don't, find out why.
-
Look at the impact of various solutions on allied third parties.
-
Test for emotional investment in a given result by asking what it would take to
get the parties to surrender it.
-
Compliment the parties on reaching earlier points of agreement and being willing to compromise, encouraging them to reach a complete agreement and put this dispute behind them.
-
Remind the parties what will happen if they do not settle -- what each stands
to lose.
-
Create a minute of silence for the parties to think about it.
-
Ask more questions about the problem, about feelings, priorities, alternative
solutions, flexibility, hidden agendas, reluctance to compromise, anger at one
another, etc., or return to agenda-setting.
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Serve food or drinks to get them to relax.
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End the session and assign homework for the parties to return to the next session with written alternatives or reasons or financial data, etc.
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Generate options by asking the parties to brainstorm without considering the practicality of a suggestion.
-
Tell the parties which alternative you believe is fair and why. This should only
be done if all other options fail.
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Suggest binding arbitration as a last-ditch alternative.
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Suggest the parties increase the fighting, as a paradox to show the uselessness of the conflict.
