An impasse is a situation that arises during negotiations when the involved parties, after engaging in good faith discussions, mediation, and fact-finding, cannot reach an agreement. This term is often used in labor-management negotiations, where specific laws and contractual agreements dictate the procedures to follow when an impasse occurs.
The term "impasse" is primarily used in labor law and negotiations, particularly in contexts involving collective bargaining between employers and employees. It can also apply in other legal areas where negotiation is essential, such as contract disputes. Understanding the impasse process allows parties to navigate their options effectively, including using legal forms and templates to manage negotiations.
Here are a couple of examples of abatement:
(Hypothetical example) In a labor dispute, a union and an employer engage in several negotiation sessions. After mediation fails, they proceed to fact-finding. The fact-finder issues a report, but the parties cannot agree within the allotted time. They then enter the super conciliation phase, where a new conciliator is appointed to help reach a resolution.
| State | Impasse Procedures |
|---|---|
| California | Fact-finding is mandatory after mediation. |
| New York | Super conciliation is often required if mediation fails. |
| Texas | Employers may impose their last best offer after an impasse. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Negotiation | The process of discussing terms to reach an agreement. | Impasse occurs when negotiation fails. |
| Mediation | A facilitated negotiation with a neutral third party. | Mediation is a step prior to declaring an impasse. |
| Conciliation | A process to resolve disputes with the help of a conciliator. | Conciliation may follow an impasse if mediation fails. |
If you find yourself in a situation where an impasse has occurred, consider the following steps:
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Parties may enter fact-finding or super conciliation, depending on the applicable laws.