A deadlock is a situation where two or more parties in a negotiation are unable to reach an agreement, despite making concessions and trying to find common ground. Deadlocks can be frustrating, costly, and damaging to the relationship between the negotiators. How can you break a deadlock and move the negotiation forward? Here are some tips and strategies to help you.
The first step to breaking a deadlock is to understand why it is happening. Is it a matter of conflicting interests, values, or goals? Is it a lack of trust, communication, or respect? Is it a misunderstanding, misinterpretation, or misinformation? By identifying the root cause of the deadlock, you can address it more effectively and find ways to overcome it.
I have experienced that feeling of a deadlock. Then, I reminded myself of the original 'why' for wanting to reach an agreement. Then I asked the other party to think about the same. The importance of that why recharged us to unravel what got us stuck, so that we could create new options to get unstuck. It isn't easy and yet, the shared goal of wanting an agreement empowered us.
Another way to break a deadlock is to explore alternatives to the current situation. What are the best and worst case scenarios for each party if the negotiation fails? What are the possible options, solutions, or outcomes that could satisfy both parties? How can you create value, expand the pie, or trade off issues? By exploring alternatives, you can generate new ideas, stimulate creativity, and increase flexibility.
Sometimes, a deadlock can be broken by seeking the help of a third-party who can facilitate, mediate, or arbitrate the negotiation. A third-party can provide an objective perspective, offer expert advice, or impose a binding decision. However, before seeking third-party assistance, you should consider the costs, benefits, and risks involved, and make sure that both parties agree to the process and the criteria.
My involvement in conflict resolution has been as a judge and now as a mediator. There is some magic in mediation. As a judge, I required all my cases to go through the process before having a trial in court. Even when the attorneys would agree that there was no way the case would settle, I typically still required them to go through the process. More often than not, an agreement would be reached. As a mediator I have found that involving a neutral third-party, with relevant experience, allows for a dramatic enhancement of the negotiation process by blunting the emotion of offers and counters as well as helping the parties more objectively understand the potential outcomes that may follow a failure to reach agreement.
Another option to break a deadlock is to take a break from the negotiation. A break can allow you to cool off, calm down, and reflect on the situation. It can also give you time to consult with your team, your boss, or your stakeholders, and gather more information, feedback, or support. A break can also signal to the other party that you are serious, committed, and willing to resume the negotiation.
A break is a powerful tool. I can remember numerous negotiations that resulted in a win-win agreement because we took breaks throughout, and especially when there seemed to be a deadlock. A break provides the opportunity to breathe, literally and figuratively. During a break, I find it important to do something else, such as taking a walk, getting a coffee/tea/water, etc. Stepping away helps me to expand my view of the situation, and to remember why an agreement is a priority. I also use the break to re-brainstorm what is important, what is possible, what might work, and what might be acceptable to the other side.
A break during a mediation can be a two-edged sword. If emotions are too high or if additional information is necessary the break can be helpful. Set a time or a new date to resume. But when a party leaves the negotiation they become subject to all the other influences that will be telling them what they want to hear and they may become even more entrenched in their position rather than more willing to compromise or consider alternative solutions. In my experience, keeping a mediation going is more often a better option. The parties are invested in the process and the goal of reaching agreement. The longer it goes, the more invested they become.
Sometimes, a deadlock can be broken by changing the setting of the negotiation. This can mean changing the location, the time, the format, or the participants of the negotiation. A change of setting can create a more positive, relaxed, or comfortable atmosphere, and reduce the tension, pressure, or hostility. It can also show your flexibility, openness, and respect for the other party.
Removing non-decisionmakers from the caucus room can assist in resolving a deadlock. They will not have the same motivation to reach an agreement as the party in interest. It is easy for them to be negative toward the other side, the proposed resolution, or even the process.
Finally, one of the most effective ways to break a deadlock is to build rapport with the other party. Rapport is the feeling of trust, understanding, and connection that you establish with someone. You can build rapport by showing empathy, listening actively, asking open-ended questions, using humor, finding common interests, or expressing appreciation. By building rapport, you can improve the communication, cooperation, and collaboration between the negotiators.