Anchoring in Negotiation

Anchoring in Negotiation

When does anchoring in negotiation appear? 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 …

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Hostage Negotiator Training

While many people have been exposed to hostage negotiators in movies and television shows, most people would not know immediately how hostage negotiators are trained. Hostage negotiators, also called crisis negotiators, are the first people called in hostage situations or other situations where there needs to be a trained person working with those involved to …

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Zone of Possible Agreement (ZOPA)

Zone of possible agreement (ZOPA)

When negotiating, the parties must find the zone of possible agreement or the ZOPA. Finding this zone will not only help the parties identify a way to agree with one another, but it will also help frame the negotiation to ensure that it can be completed. When the parties can identify the ZOPA, they can …

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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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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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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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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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