When to Negotiate the Litigated Case

When to Negotiate the Litigated Case

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 a resolution to a …

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

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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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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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.” “That’s …

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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 …

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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 …

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Game Theory, Negotiation, and the “Black Box”

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.

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