In an ideal world, we should be able to walk into a negotiation and receive the answer that we want to hear. No arguments, no concessions, just the other party fully agreeing to what we have asked for. Sounds like a dream, right?
Unfortunately, it is just exactly that—a dream. More often than not, we need to harness our negotiation skills to help reach an agreement with the other parties involved in the discussion. We may need to give up something from our own side to reach a conclusion.
But what if we don't want to? And what happens when the other side doesn't either? An impasse occurs, and it may feel like you will never reach an agreement that satisfies both sides. Let's take a look at what a negotiation impasse is, why they happen, and what you can do to get past them.
What is an impasse?
An impasse is a situation that has no easy solution; a deadlock. Neither side is willing to move, and both see no reason to be the first to drop their demands or find common ground that can be used to restart negotiations. It is a frustrating place to be in for both parties, and it is one that is not easily resolved.
Can we get past an impasse?
Yes, it is entirely possible to overcome an impasse and establish communications and a path forward. However, it will require the good will and understanding of both parties if progress is to be made. Here's what you could try if you want to move beyond an impasse during negotiations.
Identify the root cause
No matter what your negotiation skills are like and no matter the negotiation tactics you have studied, sometimes you can't just wiggle around an impasse and carry on with the negotiation. Sometimes there are underlying root causes which will block your ability to resolve disputes.
Identifying root causes and working to mitigate them can help ease tensions and show that you are committed to reaching a suitable agreement. Even something as small as a cultural misunderstanding can derail discussions if you let it. Establish open communication with the other party and try to work together to find out where and how the impasse occurred.
Change things up
A change in dynamics can help shake things up and get both parties thinking about the deal from a fresh perspective. When you have all been locked into the negotiations for a long time, integrating the small change can be just the thing you need to shake it up.
It could be as simple as handing lead negotiator status to another member of your team, or perhaps you set a deadline for a decision. Perhaps you might even ask for an adjournment so that everyone can take a breath.
Keep the focus on interests
Step away from your positions and focus entirely on the interests of the parties involved. Do you still have your original goals in mind and in sight? How have they changed throughout the proceedings?
There could be a very obvious connection in each party's interests that can help you move around the impasse. Focusing on the interests can also reveal where there could be a clash that you can't negotiate around. Just take a beat to search for a new path rooted in both your interests; you never know what it might reveal.
Explore alternatives
When doing your prep work for the negotiation, you need to come up with a few alternative outcomes that will still be acceptable if you have to fall back on them. We can't always get our own way, and these alternatives help us to still gain value from a scenario that ends up not going our way.
The most important of these is the BATNA, or best alternative to negotiated agreement. Having this alternative gives you more power at the bargaining table as you have a position to fall back to. Don't make the mistake of entering a negotiation without one.
Consider concessions
Concessions can also help us achieve the goal that we ultimately want to see. You cannot expect every negotiation to go in your favour, no matter how skilled you are as a negotiator. Ultimately, you may have to give something up in order to achieve your main goal. Conceding in a manner that best suits your needs is a key value of negotiation that many make the mistake of underestimating.
Don't fall into the mindset of thinking that concessions are necessarily a bad thing. You can still get a great deal even if you have to fall back and concede on something you might have wanted to keep in the original deal. Offering concessions also gives you the chance to nurture the relationship further. By conceding now, you could build a culture of respect and understanding between your parties that could serve you long into the future.
Strategies for resolving an impasse during negotiations
So, how do we get past the impasse itself? Though it might seem like there is no way forward, there are actually a few strategies you could try.
Mediation
Sometimes, you need to bring a third party in. They should be neutral and capable of looking at the bigger picture. They will give both sides the chance to speak and will work with you to try to find crucial common ground that could provide a turning point in negotiations.
Remember, the third part is neutral. Their job is not to take sides but to ensure that both sides have space to make all voices and interests heard.
Fact-finding
When negotiations have become mired by opinion and conversation, it can be useful to step back and take a look at the facts. Ask for an adjournment so that both parties can sit down separately and look through the facts presented thus far.
Doing so can cause moments of clarity where one party realises that they have been pushing for an issue that might actually be pretty insignificant. Sometimes, we just need to sit back and look at the big picture to see a path forward.
Arbitration
Bringing a third party in can take many forms, and sometimes that might look like an arbitrator. They are not the same as a mediator, instead acting as a judge on discussions that have come to pass thus far rather than a strictly neutral and advisory third party.
They may be asked to make a ruling on which path forward is the most viable, or they could be used to settle a dispute that has arisen as a result of the negotiations. They are frequently brought in to speed along decisions where there is a need for a concrete decision but not the time to idly discuss or postpone the matter.
Negotiate beyond the impasse with Scotwork
An impasse can often feel like everything you have been working towards has been thrown out of the window as proceedings ground to a halt and no one wishes to proceed. Keeping a calm head and looking to reach common ground and a reasonable agreement will be key to achieving this. Impasses can seem impossible to get around when faced with one, but there will always be some way forward for you to pursue.
Scotwork's experts are here to help you build up your negotiation skills so that you can navigate around impasses before they cause a problem. Contact us today to find out more about our courses.
