Anchoring in Negotiation

Anchoring in Negotiation

How much to pay to settle a dispute or purchase an item or settle a dispute is one of the most important decisions to be made before bargaining begins. A great many factors will influence the decision.  Someone considering settlement will take into account, among other things: The need to preserve a relationship with the …

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Positional Bargaining Explained

Positional Bargaining

Parties that are preparing for negotiation may need the term “positional bargaining” explained.  Positional bargaining is a type of negotiation strategy used to drive the bargain and attempt to secure the most possible value from a bargaining session.  Many people view positional bargaining as a harsh and poor form of negotiation.  While it is true …

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Online Divorce Mediation

Online Divorce Mediation

Is online divorce mediation effective? Let’s take a look. This is just not Joe’s week.  His wife Janice is out of state with the kids on a trip to visit her parents.  He stayed behind to catch up at work.  Somehow, that had been the wrong choice.  It led to a huge argument before they …

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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 noun impasse 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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Imbalance of Power: How Factoring in Power Works

Imbalance of Power

The factors that contribute to an imbalance of power are often hard to notice on a day-to-day basis, but over time they contribute to an unhealthy dynamic if they are not addressed.  Imbalances of power can be found in every relationship that we engage in as humans, from our most vulnerable and trusted relationships with …

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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)


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)


…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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