Build a "Golden Bridge" To Get Past Your Settlement Impasse

If you conduct, or are involved in, enough negotiations and mediations you will inevitably be involved in one where the parties reach an impasse. An impasse is that point in a negotiation where there is a deadlock. In these situations, it may be tempting to get up, leave the table and end the mediation. I would urge you, however, to consider building a “Golden Bridge” to break through this impasse.

The notion of building a “Golden Bridge” in the negotiation context stems from military strategy. The Chinese general, military strategist, writer and philosopher Sun Tzu wrote that when an army surrounds its enemies it is prudent to “leave an opening”. This strategy is often referred to as building a “Golden Bridge” as it allows one’s enemy to avoid certain defeat through escape. In the military context, there may be several reasons for adopting this strategy including ensuring that the defeated enemy does not fight to the death.

In the negotiation/mediation context, William Ury has reframed this idea as building a “Golden Bridge” for both parties to advance across rather than building a bridge to allow one party to escape. As Ury states, “Instead of pushing toward an agreement, you need to do the opposite. You need to draw them in the direction you want them to move. Your job is to build a golden bridge across the chasm. You need to reframe a retreat from their position as an advance toward a better solution.”

To get the parties across the bridge, the parties have to overcome what Ury dubs, “the four common obstacles to agreement”. They are; 1) not involving everyone in building/writing the agreement, 2) not looking beyond obvious interests, 3) concerns about saving face and 4) not keeping the resolution simple.

I believe that in-person mediation inherently addresses obstacle number 1 as it allows all of the decision makers, whether it be an adjuster or plaintiff, the hands-on opportunity to aid in crafting their own resolution. Moreover, a skilled mediator can ensure that all voices are heard when there is an impasse. I also can’t stress enough the importance of looking beyond obvious interests, IE money. It always helps when the parties acknowledge that there are intangible interests in play such as a need for recognition. This acknowledgement can be done as early on as during opening statements. Do not underestimate how far these non-tangible acknowledgements can go in helping build that “Golden Bridge”.

The need to save face may be, however, the most difficult obstacle to overcome where the parties have become entrenched in their position. The difficulty here is getting the parties to agree without them feeling that they have compromised their principles or their dignity. Again, here is where a skilled mediator can assist as a proposal coming from one party directly to the other may not be acceptable, but that same proposal coming from a neutral third party may be more palatable.  Finally, if you reach an impasse, consider breaking down the offer into smaller parts or slowing down the pace of negotiation. For example, start off by resolving general damages, and once that is done move on to other heads of damages. As Ury says, “go slow, to go fast”.

An impasse doesn’t have to be the end of your negotiation or mediation. The next time you reach a deadlock, consider Ury’s idea of building a golden bridge to close your settlement gap.