What's one method you use to facilitate communication between parties who are not willing to cooperate?

Common ground, I always start with what the parties in conflict can agree on. For example, when preparing two people in conflict who work together, I ask them if the current conflict is getting in the way of doing their work effectively and going home to do other things. So far no one has said no. Now both parties can agree they want the same thing and their conflict is getting in the way. When we do have the conversation and it gets heated or someone stops cooperating with the process, I bring them back to their common ground and this reminds them that they need to cooperate and collaborate to get what they want.

My first method is to call for a full meeting and warn the parties that the mediation may be terminated if the parties do not cooperate, and they will be charged for the entire mediation. My second approach is to determine which party is not cooperating the most and have a caucus with counsel and the clients and point out that they agreed to come to mediation and if they cooperate there is a good chance I can assist in getting a settlement which would be far better than going to trial or arbitration. I will also discuss BATNA and the costs, time, anxiety and uncertainty of not resolving the dispute with mediation. I will then caucus briefly with the other side and let them know what I said in the first caucus and the results of that meeting.

It is important in any mediation to engage in fulsome communications with the parties to understand key facts and information as to their business' interests; I find that this can often help identify a path to settlement. By understanding a party's business operations and general concerns, as well as how the a dispute has impacted their interests, you can often uncover options for forging an area of common ground or mutually beneficial points. In turn this often forms the basis of facilitating movement and resolution. The more I learn in general about a business (or individual) as well as concerning the specific dispute, the more options I have to find creative business solutions. It is rare that a full out costly litigation serves the interests of both parties.