BATNA & WATNA: Finding and Using Negotiation Power

BATNA & WATNA

What is the power of finding and using a 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 …

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What is Interest-Based Negotiation and How to Utilize it

Interest-Based Negotiation

When two parties are negotiating with one another, there are several styles and techniques that the parties may try to use to help them gain an advantage in the negotiation. One of these techniques or styles is called interest-based negotiation. When the parties are using interest-based negotiation, they will often come to an agreement that …

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What is the Meaning of Impasse in Dispute Resolution?

impasse meaning

The word impasse has a particular meaning when it applies to alternative dispute resolution.  The Collins English Dictionary defines the impasse noun by describing a situation, particularly, “If people are in a difficult position in which it is impossible to make any progress, you can refer to the situation as an impasse.”  While the meaning …

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What is the Negotiator’s Dilemma? How to Use It?

Negotiators often face a dilemma in negotiation—should I claim this value for myself and force the other side to concede, or should I work to create value here so that I can claim more value for myself later on?  This dilemma forces many negotiators into positions that they do not want to be in, and …

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Negative Sum Games: Situations That Destroy Value

While most people attend a mediation or negotiation hoping to walk away with the most possible value, when the goodwill between the parties breaks down, they may leave the table with little to nothing to show for their work.  When both parties leave the table feeling as though they have “lost” and leave the value …

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Morton’s Resolution Model: The Resolution of Conflict

Conflict is often painted in a bad light.  It can make people feel uneasy and often contributes to the breakdown of relationships. However, not all conflict is destructive, and there are times when conflict may be beneficial for a situation or relationship.  The idea that conflict will have either constructive or destructive results is the …

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Power in Negotiation

Power in Negotiation

Physics defines power as work divided by time. Work, in turn, is the application of force in a direction. Power, then, can be thought of as the ability to get things moving (more) quickly in a desired direction. The same definition applies in social interactions like negotiation.  Power is the ability to get desired things …

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When to Negotiate the Litigated Case

When to Negotiate the Litigated Case

By Jeffrey Krivis There are two eternal truths about litigated cases: 1) There is a tremendous likelihood the case will be settled without trial; 2) The settlement could occur any time from the moment the case is filed until the eve of trial. That vacuum of time provides many favorable and unfavorable opportunities to negotiate …

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Types of Negotiation: Distributive vs Integrative

Types of Negotiation

Ron stared. The car was beautiful.  All shiny black metal and gleaming chrome everywhere.  Turning to the man beside him, whose name was Dave,  He asked about the car. “Isn’t she lovely?” “Uh huh. How much?” ‘$26,000. ‘You gotta be kidding. Blue book is $23,000!” “Blue book for this car, in this condition, is $26,500.” …

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Mediation Tips and Tricks

Are you looking for mediation tips and tricks that work? America has a well-deserved reputation as the most litigious society in the world. Culturally, there is a significant focus on vindicating rights and on winning and competition as ends in themselves. While involvement in litigation is viewed as shameful in some societies, Americans generally view …

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