When a mediation gets stuck in an impasse, the problem is usually more than just a gap in the offers and demands. 

One or all of the parties may be overconfident. Or, one of the clients may be struggling to accept how much trial risk they have after undervaluing that risk for months or years. Sometimes insurers evaluate risk differently than their counsel expected, or they need additional authority from higher up in the company. Maybe one of the lawyers or clients is simply being stubborn in the hope that will lead to a better settlement.

That’s why I’ve never viewed my job as just shuttling numbers. When the mediation gets stuck, it’s my job to figure out why and then find a way to break the logjam. 

The Issue May Not Be the Number

The gap in offers and demands is only the obvious part of the problem. Part of my job is to figure out the reason or strategy behind the parties’ positions.

Is one party misunderstanding their legal risk, or do they simply view it differently? Does the party understand the uncertainty of trial, or are they only considering their best-case scenario? Is counsel trying to preserve credibility with a client while also encouraging a realistic settlement decision? Is one party interpreting the other party’s firmness as strategy, foolishness, or finality?

Different Barriers Require Different Tools

Some impasses need risk analysis. In appropriate situations, I’ll use a decision tree, discuss evidentiary problems, or review likely trial outcomes with the parties to help them make well-informed decisions. In other cases, I’ll spend time with one of the parties dealing with the emotional or non-monetary drivers of the lawsuit.

Other types of impasse require me to adjust my process. I may change the pace, reframe the discussion, employ range bargaining or other tactics, or give a party time to process difficult information. In some cases, it may mean communicating hard truths to a party so their lawyer doesn’t appear to be abandoning strong advocacy.

The right tool depends on the people, the posture of the case, and the reason the negotiation has stalled.

Why Mediator Preparation Matters

A mediator cannot make those judgments well without preparation. The useful work often begins before the mediation session, by reviewing the materials, identifying likely pressure points, and understanding what each lawyer may need from the process. I often talk with the lawyers before the mediation because that gives me an opportunity to get a less formal and more pragmatic view of the case.

During mediation, that preparation allows me to read the room more effectively. I listen for what is not being said, notice when a party is reacting to something other than the merits, and decide whether my next step should be evaluative, facilitative, practical, or simply patient.

Impasse Can Still Create Progress

Not every mediation resolves the case that day. But a thoughtful process can still narrow disputes, clarify risk, improve communication, and make a later settlement possible. I follow up with the parties when a case doesn’t settle on the day of mediation because I can often help them get resolution soon after.

For lawyers, the question is not simply whether a mediator knows the subject matter. It is whether the mediator is willing to put in the work and adapt the process to the case. At Sage Mediation Solutions, that is central to what I do. When a case reaches an impasse, the right approach can help the parties better understand the dispute, reassess their positions, and keep moving toward resolution.

If your case needs a mediation process that can adapt when negotiations stall, contact Sage Mediation Solutions to discuss your next case. We serve Kansas City and the surrounding areas in Kansas and Missouri.