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December 2, 2020
...Continued from Part 2: In previous articles, we’ve discussed what a BATNA and a WATNA are, the purpose of identifying a BATNA and WATNA, some possible alternatives to consider, and two analyses that parties can use to identify their BATNA and WATNA. This article...
...Continued from Part 1: Back to discovering and using what the negotiation world calls a BATNA and WATNA, this article will continue to move through an analysis to help the parties discover the alternatives that will drive how they negotiate and settle a dispute. ...
The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a settlement...
…Continued from Part 1 Balancing the Power When There is a Power Imbalance In the first of this pair of articles, we discussed the definition of a power imbalance, identified the types of power that may be utilized against another party, and the early signs of a power...
One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can...
When people approach conflict or conflict resolution, they typically choose one of five styles of negotiation to handle the conflict—competing, compromising, collaborating, avoiding, and accommodating. These styles describe the way a person can think about, negotiate,...
Settlement conferences, mediations, and negotiations are often a great opportunity for a case. The parties can share their wishes and can create a solution to the problem that will not be available if a judge or jury decides the issue. When the parties are...
Divorce is accompanied by a myriad of emotions, big and small. While each divorce stirs up different emotions depending on the individual situation, there are some similarities in the stages that people will go through as a divorce is approaching and carried through....
Workplaces are often a place of friendly competition, where coworkers work against each other to climb to the top of the profession. Workplaces also have a social factor to them as well because employees look for friends and acquaintances to make the workday more...
In any workplace, there are a variety of groups working together to support and further the mission of the company. Some groups are defined by job title—the accountants, the lawyers, the marketing team. Other groups are defined by project or subject area. Still,...
Many people participate in arbitrations every day. Arbitration covers disputes from business practices to disputes over fees to international investments. Parties may choose arbitration before or after a dispute arises, often by contractual terms. Businesses will opt...
When a marriage begins to break down, whether suddenly or over time, many considerations need to be addressed. On top of changing your private life, learning to take care of your children on your own, and moving and selling the marital home and property, the pair may...