In a complex case, the parties may have tried many impasse-breaking techniques, such as a caucusing, silence, setting objective criteria to set parameters, restating all prior agreements, suggesting a trial period, using catalysts “What if …” as well as shifting perspective, “If you were the other party, what would they say doesn’t work about your offer?”
Still, what if they have reached an unshakable impasse?
To avoid terminating the mediation, the parties could agree for the neutral evaluator to take on a new role, providing an informed, non-binding evaluation recommendation to both sides.
Any such option must be explained at the outset and included in the written agreement. There must also be a distinct boundary where everyone is aware of and agrees to transition to Neutral Evaluation.
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