Many mediations and negotiations are affected by deadlines. Some view deadlines as being a compelling force to get the case setttled. Indeed, there is a saying that trial dates settle cases or 90% of the negotiations take place in the last 10% of time. New research has shed some light on deadlines and may suggest in creative situations, deadlines might be counterproductive.
“The research shows us that the more stressful a deadline is, the less open you are to other ways of approaching the problem,” says Dr. Boyatzis, a professor in the departments of organizational behavior, psychology and cognitive science at Case Western Reserve University. “The very moments when in organizations we want people to think outside the box, they can’t even see the box.” These people show more activity in the brain’s “task positive” network, which we use for problem solving. But it’s not the part of the brain that comes up with original ideas. (WSJ, Inner Workings of the Executive Brain)
This research demonstrates, in part, that when a deadline is set, people may be able to start problem solving faster with the impending deadline, but instead, if they need to create a solution, it could create a problem. In mediation, therefore, if the parties are close to getting the deal done and are only working minor deal points, the deadline could be beneficial. However, in complex matters that may require creative solutions, a deadline might actually prevent a party from coming to a solution because of the innate focus on the timing.
In my experience, there is a time and place for a deadline. Many cases would not have settled if a deadline existed. Recently, a case that had a deadline of 2pm, was no where near the settlement. Once the deadline was lifted, the parties had room to breath and arrive at a creative solution. On the other hand, some cases which have already developed the solution and are working the fine points can be further advanced by a deadline.
The parties should not automatically assume that a deadline will help the negotiation. Instead, careful consideration of the options and needs should better arrive at the answer to the issue of whether a deadline is necessary.