How to Shift Entrenched Views in Conciliation or Mediation
- Shiv Martin
- 1 day ago
- 6 min read
The Role of Emotion, Process and System Design
If you have worked in conciliation or mediation for any length of time, you will know the moment. The one where a party leans back, crosses their arms and says some version of:
“I will not move.
”“That is my position.”
“There is nothing more to discuss.”
In my experience, entrenched views are rarely about stubbornness alone. They are usually about fear, power, uncertainty, identity, fatigue with systems, or a breakdown in how the process has been understood. The good news is that entrenched views can often be shifted, not by pushing harder, but by working smarter with psychology, process and preparation.
Overcoming impasses is a core mediator and conciliator skill because it is often the point where matters either resolve or collapse. When parties feel stuck, confidence in the process can quickly erode and emotions tend to escalate. Skilled practitioners use advanced judgement, not just communication, to stabilise the process, balance power, reality test positions and reopen problem solving.
The ability to break through an impasse is what transforms a difficult conversation into an effective negotiation.
What is an impasse in mediation?
An impasse is the point in a mediation where progress feels stuck and the parties appear unable or unwilling to move forward. It often shows up as repeated positions, rising frustration, resistance to exploring options, or a sense that “nothing is changing”.
Importantly, an impasse does not mean the mediation has failed. It usually signals that something underneath the surface needs attention, such as unmet needs, power imbalance, fear of risk, loss of trust, miscommunication, or concern about consequences. With the right process support, many impasses can be shifted and used as a turning point rather than an endpoint.
What drives entrenchment in negotiations?
Entrenchment occurs when a party becomes fixed in a position and feels unable, or unsafe, to move from it. It often sounds like certainty or resolve on the surface. Underneath, it is more commonly driven by:
A perceived threat to safety, reputation, identity or livelihood
A belief that moving equals losing
A lack of trust in the process or the other party
A history of not being heard
Long-term system frustration
Emotional or cognitive overload
Before we look at how to shift entrenched views, we must be willing to understand why they formed in the first place.
Why Do People Become So Fixed in Their Positions?
One of the most unhelpful myths in dispute resolution is that entrenched views are a personality issue. In reality, entrenchment usually sits at the intersection of three forces.
When these three collide, entrenchment is not only understandable. It is predictable.
Are Impasses Always a Bad Thing in Conciliation or Mediation?
A powerful reframe for practitioners is this: Not every impasse is a failure. Sometimes it is a signal.
An entrenched position can indicate:
Missing or incomplete information
Emotional overload
A need for time
A lack of readiness to negotiate
Or that the matter is not yet suitable for conciliation
Rather than pushing through resistance, skilled practitioners pause and ask what the impasse is revealing about the process at that moment.
How Does the Stress Response Affect Entrenched Views?
When a party feels threatened, the brain shifts into survival mode. In this state:
Logical reasoning drops
Memory becomes unreliable
Information processing narrows
Defensiveness increases
Certainty feels safer than ambiguity
Trying to reason someone out of an entrenched view while their nervous system is in survival mode is rarely effective.
Practical ways to support regulation include:
Slowing the pace of the session
Offering short breaks
Reducing information overload
Using calm and neutral language
Acknowledging emotion without validating harmful conduct
Shifting the nervous system often shifts the position.
How Can Intake Prevent Entrenched Positions Before Conciliation Begins?
Many entrenched views are formed before parties ever enter a mediation room. Effective intake does far more than collect background information. It:
Manages expectations about role and process
Clarifies what conciliation can and cannot achieve
Tests readiness for negotiation
Identifies power imbalances and emotional risk
Encourages early reflection on alternatives
Strong intake questions include:
What do you hope to achieve through this process?
What information do you need from the other party?
What information do you think the other party needs from you?
What other avenues are available to you if this does not resolve today?
When parties arrive prepared for complexity rather than certainty, views tend to be far less entrenched.
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When Should You Use Private Sessions to Shift Entrenched Views?
Private sessions are one of the most effective tools for shifting entrenched views when used ethically and skilfully. They allow practitioners to:
Reality test without public loss of face
Explore fears without triggering the other party
Clarify what is truly non negotiable versus emotionally defended
Explore alternatives without positional posturing
Many people hold entrenched positions because they feel exposed in front of the other party. Remove the audience, and flexibility often returns.
How Do Alternatives Discussions Help Break Deadlock?
A well timed alternatives discussion can be a powerful way to soften entrenched views. This is not about threatening outcomes. It is about restoring informed choice.
Helpful questions include:
What might happen if today does not resolve?
What other options are available to you?
What are the risks and costs of those options?
How important is it to resolve this through this process?
Entrenchment thrives in perceived powerlessness. It often dissolves when choice is clarified.
What If People Still Cannot Move During Option Generation?
Many impasses actually arise from poor option generation design. People stall when:
They wait for the other side to go first
One dominant option fills the space
Power imbalances silence creative thinking
Brainstorming feels unsafe
Simple structural changes can unlock movement:
Ask each party to write independent option lists first
Turn bodies toward a whiteboard rather than toward each other
Set a rule that no option is evaluated during generation
Break big problems into micro decisions
Temporarily set aside the headline issue to unlock movement elsewhere
Movement in one small place often unlocks movement everywhere.
When Should You Not Try to Shift an Entrenched View?
Knowing when not to push for movement is just as important as knowing how to encourage it.
Entrenched views may signal:
Serious power imbalance
Safety concerns
Coercion
Capacity issues
Or that the matter is unsuitable for facilitated negotiation
In these cases, a determinative or investigative pathway may be the most ethical option. Shifting entrenched views is not always the goal. Protecting fairness, safety and procedural integrity is.
What Is the Most Helpful Way to Think About Entrenched Views?
When someone becomes entrenched in mediation or conciliation, they are rarely being difficult for the sake of it. More often, their position is protecting something they perceive as vulnerable.
When we shift from trying to change positions to building safety, clarity and informed choice, movement becomes far more likely and far more durable.
Entrenched views soften not when people feel pressured to change, but when they feel safe enough to consider that change might be possible.
Want Support Building These Skills in Your Team?
If your team is navigating entrenched positions, repeated impasses or emotionally complex disputes, you can book a confidential conversation with me.
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Shiv Martin is a nationally accredited mediator, practicing solicitor, conciliator, decision-maker, and certified vocational trainer. With extensive experience in complex dispute resolution, stakeholder engagement, and team building across business, community, and governmental sectors, Shiv brings over a decade of unique and diverse expertise in Law, Management, Vocational Education, and Mediation.
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