Definition
Cooling-off periods are used in highly emotional confrontations in which one or more of the parties has become intensely angry as the result of some real or imagined provocation or threat. They consist of a formal waiting period, often imposed by law or by an external authority (such as a mediator or a political leader) before disputing parties are allowed to continue to prosecute a conflict.
Use of this technique grew out of the realization that people who are angry and who may have suffered physical or emotional injuries are likely to make decisions that they will later regret. Professional intermediaries also recognize the problem. They know that in angry and emotional situations, the chances of reaching a settlement or even making significant progress are almost non-existent. Decisions made under these circumstances are likely to make the situation worse, rather than better.
Bill Ury refers to cooling-off periods as, "going to the balcony." Parties can "go to the balcony" to create enough time and space to distance themselves from their knee-jerk impulses to strike back, give in or break off the negotiation. It gives them the chance to regain control over their emotions.[1]
How Cooling-Off Periods Are Used
In principle, the solution is very simple: agree to a mutual pause in the confrontation (or a recess in the negotiations) so that everyone has a chance to think about what has happened and carefully develop their response strategy. This does not mean that the parties are being asked to forget the events that made them so angry -- they are merely being given time to think carefully about how best to approach the situation.
Anyone involved in a heated conflict can call for a "cooling-off" period (or they can just walk away and take one without asking for permission from the other side). Often, they are imposed before an impending strike, giving management and labor more time to try to work out an agreement before the crippling strike occurs.
Usually what happens is a third party (or the two parties themselves) call for a cooling-off period. During this cooling-off period, the parties are expected to return to business as usual. There can also be an understanding that the terms of the eventual settlement will be applied retroactively to the cooling-off period, so the parties will not lose gains if they wait to pursue the conflict. This approach can be applied in labor conflicts, public policy negotiations, family conflicts, and even civil wars. When mediators see discussions becoming too heated or intense, they may call for a "caucus" with each party separately, which is, in essence, a cooling-off period which allows both sides to think about what they and the other side said and did and consider other ways of approaching the problem that might work more effectively. Crisis management techniques designed to slow down the pace of the conflict can also be helpful in fulfilling cooling-off functions.
[1] Bill Ury, Getting Past No: Negotiating Your Way from Confrontation to Cooperation (New York: Bantam Books), 1993.
Use the following to cite this article:
Burgess, Heidi. "Cooling off Periods." Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Research Consortium, University of Colorado, Boulder. Posted: September 2004 <http://www.beyondintractability.org/essay/cooling_off_periods/>.
Sources of Additional, In-depth Information on this Topic
Additional Explanations of the Underlying Concepts:
Online (Web) Sources
De-escalation.
Available at: http://www.colorado.edu/conflict/peace/treatment/de-esc.htm.
This page outlines various strategies for reducing the intensity of a conflict and provides links to online essays and examples of de-escalation.
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Examples Illustrating this Topic:
Online (Web) Sources
"Andy Griffith: TV Land Mediator." , 1900
Available at: http://www.mediate.com/articles/young9.cfm.
The author uses a television show senario to exemplify Bill Ury's "going to the balcony" concept. "Going to the balcony" refers to cooling off and not letting one's emotions allow them to act in an irrational manner.
"Frequently Asked Questions: Mediation." , 1900
Available at: http://www.nmb.gov/mediation/faq-mediation.html.
This site answers over two dozen frequently asked questions about the mediation of agreements within the airline and railroad industries under the Railway Labor Act (RLA).
Negotiation Cartoons. The Foundation on Prevention & Early Resolution of Conflict.
Available at: http://www.conflictresolution.org/cartoon/negotiation.htm.
This site has links to several cartoons about negotiation.
The Mitchell Report on the Al-Aqsa Intifada
. MidEast Web.
Available at: http://www.mideastweb.org/mitchell_report.htm.
This site has the full-text of the Mitchell Report of the Sharm el-Sheikh Fact-Finding Committee. It lists the steps to be taken to end Palestinian/Israeli violence and to resume negotiations, plus it examines the roots of the current violence from both the Palestinian and Israeli perspective.
What Did You Do To Diminish Tension Between the Parties?. CRInfo.
Available at: http://www.colorado.edu/conflict/civil_rights/topics/1400.html.
During the past 35 years, Community Relations Service (CRS) mediators and conciliators have responded to thousands of volatile civil rights disputes, including virtually every major racial and ethnic conflict that occurred in the USA during this time period. This site shares how seventeen CRS mediators helped to relieve tension between the parties involved in these conflicts.
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