How do you identify the root cause of a negotiation impasse?

Negotiation impasse can happen when two or more parties fail to reach an agreement on the terms of a contract. It can be frustrating, costly, and damaging to the relationship. How can you overcome it and move forward with a win-win solution? In this article, you will learn how to identify the root cause of a negotiation impasse and how to use four strategies to break the deadlock.

1 Identify the root cause

In order to overcome a negotiation impasse, it is essential to understand why it occurred in the first place. Possible causes may include mismatched expectations or interests, lack of trust or rapport, poor communication or misunderstanding, emotional or psychological barriers, or external factors or constraints. To identify the root cause, you should ask yourself and the other party probing questions such as what their main goals and interests are, what the sources of conflict or disagreement are, how they perceive the situation and the other party, what emotions or feelings are involved, and what alternatives or options are available. By doing so, you can uncover the underlying issues and interests that are driving the negotiation impasse and address them accordingly.

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Patrick English, JD, MA

Mediator at FairClaims
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I approach this by first asking the parties what meaning they received in the communications they shared, and from that seek to identify where they went on different tracks. The differences in meaning very often arise from a difference in expectations as to what they are expecting from the process. When looking for a certain result it's very easy to see communication that doesn't spell out that result in a negative light, even if it's part of the negotiations. In addition, if either party or both parties see the process as leading strictly to their desired outcome as if winning at trial, anything they perceive as less than that will be met with resistance.

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Shawn Myers

Senior Contract Specialist ✦ Team Builder ✦ Contracting Officer (have held Unlimited, currently pending Warrant) ✦ Program Management ✦ Cost Contracting ✦ Cost & Price Analysis
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I doubt that direct questions will get to the root cause or bring out the emotions behind the position. I feel that “why” questions move the conversation laterally. If taken deep enough the “why” may start to reveal the emotions or sticking points. On the other side the why can bring up costs, past losses, or perspectives that were not considered when developing a position and goal prior to the negotiations. Some will never reveal goals and what points they would be willing to alter with direct questions. That information can be seen as power or leverage in the negotiation. We instinctively hold onto those items and guard against their release. But, we are often passionate about why or how we reached a certain conclusion.

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2 Use objective criteria

Breaking a negotiation impasse can be done by using objective criteria to evaluate the options and proposals. These criteria are independent, verifiable, and fair, helping to avoid subjective or biased judgments, reduce ambiguity or uncertainty, increase legitimacy or credibility, and create common ground or reference points. Examples of objective criteria include market value or price, industry standards or best practices, legal rules or regulations, and expert opinions or research findings. To use objective criteria, both parties must agree on the criteria that are relevant and acceptable, gather and share the information or data that support the criteria, apply the criteria to the options or proposals and compare the results, and adjust or modify the options or proposals based on the criteria. Utilizing objective criteria can make the negotiation more rational and less emotional, and ultimately lead to a solution that is fair and acceptable to both parties.

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Patrick English, JD, MA

Mediator at FairClaims
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Utilizing objective criteria can be very useful in breaking down resistance in a party who is naturally deeply invested in the situation and their preferred outcome. Objective criteria is a positive way to show how others might view the situation and the offer(s) involved and evaluate how well they meet their needs. When a recalcitrant party can take a step back and see the picture from a less-personal perspective that can be the key first step in getting the parties to move towards each other.

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3 Generate creative options

Breaking a negotiation impasse can be achieved by generating creative options that can satisfy the interests and needs of both parties. Creative options are solutions that are novel, feasible, and beneficial, and can help expand the scope of the negotiation, overcome fixed positions, create value, and enhance the relationship. Examples of creative options include bundling or unbundling different items or issues, offering or requesting concessions or incentives, trading or exchanging resources or services, and creating or joining a partnership or alliance. To generate creative options, it is important to separate the brainstorming and evaluation phases, welcome divergent ideas, build on or combine existing or new ideas, and evaluate or test the ideas based on objective criteria. By doing so, you can find a solution that is not only acceptable, but also optimal and satisfying to both parties.

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Dr. Dolores Kuchina-Musina

Nerd | Dinocorn 🦖🦄| Founder
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Breaking a negotiation impasse often involves generating creative options that cater to the interests and needs of both parties. 1. Identify Underlying Interests: Understand the core concerns and motivations of both parties to generate solutions addressing these interests effectively. Put yourself in their shoes to understand their concerns. 2. Introduce a Cooling-Off Period: Implement a break to allow parties to reassess their positions. Take a break! This is a powerful step. Sometimes taking 2-5 business days from review and negotiations can let everyone regroup and come back to the negotiation with new perspectives. Remember this is about relationship management and execution. Negotiating a contract is just the beginning.

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4 Use mediation or arbitration

A final way to break a negotiation impasse is to use mediation or arbitration as a third-party intervention. Mediation and arbitration are processes that involve a neutral and impartial person or entity that helps the parties to resolve their dispute. These processes can help facilitate communication, clarify interests, generate options, and reach an agreement. The main difference between mediation and arbitration is that mediation is voluntary and non-binding, while arbitration is mandatory and binding. To use mediation or arbitration, you must agree on a qualified and trustworthy mediator or arbitrator, prepare and present your case clearly and persuasively, listen and respond to the other party and the mediator or arbitrator respectfully and constructively, and accept or comply with the agreement or decision reached or made. Ultimately, mediation or arbitration can end the negotiation impasse and provide a mutually agreed or legally binding resolution.

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How do you identify the root cause of a negotiation impasse?

1

2

3

4

1 Identify the root cause

2 Use objective criteria

3 Generate creative options

4 Use mediation or arbitration

Contract Negotiation

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How do you identify the root cause of a negotiation impasse?

1

2

3

4

1 Identify the root cause

2 Use objective criteria

3 Generate creative options

4 Use mediation or arbitration

Contract Negotiation

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