BATNA & WATNA: Finding and Using Negotiation Power (Part I of III)

BATNA & WATNA

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 agreement, and the knowledge that the parties may walk away without …

Read moreBATNA & WATNA: Finding and Using Negotiation Power (Part I of III)

The Power of Finding and Using a BATNA & WATNA (Part 3 of 3)

BATNA & WATNA

…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 will discuss the strategies that a mediator may use to help …

Read moreThe Power of Finding and Using a BATNA & WATNA (Part 3 of 3)

The Power of Finding and Using a BATNA & WATNA (Part 2 of 3)

BATNA & WATNA

…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 previous article discussed the importance of moving through a BATNA/WATNA …

Read moreThe Power of Finding and Using a BATNA & WATNA (Part 2 of 3)

Game Theory, Negotiation, and the “Black Box”

James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.

error: ADR Times content is protected!